Develin v. . Coleman
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common -Pleas for the -city-and county of Hew York, affirming a judgment in favor of-defendant,-entered upon-the report of a referee. This notion was brought to recover damageS'for the alleged conversion of certain promissory notes, indorsed by plaintiff and delivered by him to defendant.
Read the full summary
Appeal from judgment of the General Term of the Court of Common -Pleas for the -city-and county of Hew York, affirming a judgment in favor of-defendant,-entered upon-the report of a referee. This notion was brought to recover damageS'for the alleged conversion of certain promissory notes, indorsed by plaintiff and delivered by him to defendant. Charles A. Stetson and Robert B. -Coleman were formerly proprietors of the Astor House, in Hew York, under the firm-name of -Coleman & Stetson. They failed in -May, 1856. There was then outstanding four drafts drawn by defendant upon and accepted by…
1Opinion of the CourtGrover, J.
The plaintiff insists that the referee erred in his legal conclusion that upon the facts found he was not entitled to recover. That from these facts it appears that the defendant converted the notes to his own use by tranferring them to a bona fide purchaser, thereby making the plaintiff liable to pay the amount. This depends entirely upon the further question, whether the notes, at the time of the delivery thereof by the plaintiff to the defendant, became valid securi ties in the defendant’s hands against the plaintiff. If they did, the defendant had the right to procure the indorsement of…
2Cases cited1 opinion
- Decker v. . MathewsNew York Court of Appeals · 1855
3Cited by7 opinions
- Bookstaver v. . JayneNew York Court of Appeals · 1875
- Patterson v. NealSupreme Court of Alabama · 1902
- Petrie v. WilliamsNew York Supreme Court · 1893
- Lawatsch v. CooneyNew York Supreme Court · 1895
- Bookstaver v. JayneNew York Court of Appeals · 1875
2 more not listed; retrieve them via the Exa API.