Legal Opinion

National Bank of Deposit v. Rogers

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 7 opinions

Appeal by the defendants, Henry P. Rogers and others, executors, etc., of Hath aniel P. Rogers, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered upon the verdict of a jury, and also from an order denying their motion for a new trial. The action was brought to recover chattels, commonly known as an action of replevin.

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Appeal by the defendants, Henry P. Rogers and others, executors, etc., of Hath aniel P. Rogers, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered upon the verdict of a jury, and also from an order denying their motion for a new trial. The action was brought to recover chattels, commonly known as an action of replevin. The goods were purchased by Sardy, Coles & Co. in Europe, but were consigned to Perry, Rider & Co., custom house brokers in Hew York. After the arrival of the goods in Hew York, and while they were still in the custom house and the duties thereon…

1Opinion of the Court

Williams, J.:

The evidence was sufficient to sustain the verdict of the jury as to the identity of the goods, to recover which the action was brought. The real question is, whether the trial court was justified upon the *627evidence in holding that plaintiff’s title or right to possession of the goods covered by the trust agreement (so-called) was conclusively established so as to enable it to maintain this action. There was substantially no dispute as to the facts, and the question was, therefore, correctly regarded as one of law for the trial court.

The goods were never actually delivered to the…

2Cases cited3 opinions

  1. Deeley v. . DwightNew York Court of Appeals · 1892
  2. Western Railroad Co. v. . BayneNew York Court of Appeals · 1878
  3. Wheeler v. . AllenNew York Court of Appeals · 1872

3Cited by7 opinions

  1. Gandy v. CollinsAppellate Division of the Supreme Court of the State of New York · 1914
  2. National Bank of Deposit v. RogersAppellate Division of the Supreme Court of the State of New York · 1899
  3. National Bank of Deposit v. SardyNew York Supreme Court · 1899
  4. People ex rel. Hegeman v. CorriganAppellate Division of the Supreme Court of the State of New York · 1908
  5. Sutherland v. BraceCourt of Appeals for the Seventh Circuit · 1896

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