Moors v. . Kidder
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered, upon an order made January 28, 1885, which affirmed a judgment in favor of defendants entered upon an order dismissing the complaint on trial, and affirming an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered, upon an order made January 28, 1885, which affirmed a judgment in favor of defendants entered upon an order dismissing the complaint on trial, and affirming an order denying a motion for a new trial. (Reported below, 34 Hun, 534.) The action was brought against the members of the firm of Kidder, Peabody & Co., Baring Brothers & Co. and John B. Plobby, Sons & Co. to recover possession of 95 cases of shellac. Kidder, Peabody & Co. were bankers in Boston and agents of Baring Brothers & Co.…
1Opinion of the CourtFinch, J.
The entire argument of the appellant turns upon the proposition that Swain was the general owner of the shellac, and the Barings merely pledgees. Upon that assumption the argument runs smoothly to its conclusion and encounters no serious obstacle. But the grave trouble is in the assumption itself, and the authorities which clash with it. The general subject was very thoroughly discussed in Farmers and Mechanics' National Bank v. Logan (74 N. Y., 568), and whether the doctrine there declared covers the facts now presented, and whether they have, or do not have vital distinguishing features,…
2Cases cited2 opinions
- Farmers and Mechanics' Nat. Bank v. . LoganNew York Court of Appeals · 1878
- First National Bank of Toledo v. ShawNew York Court of Appeals · 1874
3Cited by34 opinions
- Commercial National Bank v. Canal-Louisiana Bank & Trust Co.Supreme Court of the United States · 1916
- In Re James, Inc.Court of Appeals for the Second Circuit · 1929
- Century Throwing Co. v. MullerCourt of Appeals for the Third Circuit · 1912
- In re A. E. Fountain, Inc.Court of Appeals for the Second Circuit · 1922
- Moors v. WymanMassachusetts Supreme Judicial Court · 1888
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