Powell v. . Powell
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, setting aside a verdiet in favor of plaintiff and granting a new trial. (ítem, of decision below, 3 Hun. 413.) This action was brought for the alleged wrongful talcing and conversion of a promissory note of $1,000 made by defendant, dated January 14, 1870, payable ten years after date without interest. The facts appear sufficiently in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, setting aside a verdiet in favor of plaintiff and granting a new trial. (ítem, of decision below, 3 Hun. 413.) This action was brought for the alleged wrongful talcing and conversion of a promissory note of $1,000 made by defendant, dated January 14, 1870, payable ten years after date without interest. The facts appear sufficiently in the opinion. Defendant was liable in an action of trover. (2 Yeates, 537; 2 T. R, 788; 2 Salk., 654; 3 J. R, 432; 10 id., 172; 12 id., 484; 48 Barb., 581; 20 N. Y., 76;…
1Opinion of the CourtEarl, J.
In January, 1870, the plaintiff held a valid promissory note made by the defendant, payable in ten years without interest. At the same time the defendant owned a stock of merchandize, estimated to be worth $4,000', which he agreed to sell to his son, plaintiff’s husband, foils,000, if he would procure from plaintiff the note and surrender it to the defendant. He thereupon procured the note from his wife, stating to her the purpose for which he obtained it, and delivered it to the defendant, who immediately tore his name from the same, and put it in his pocket; and then, as the evidence tends…
2Cases cited1 opinion
- Decker v. . MathewsNew York Court of Appeals · 1855
3Cited by16 opinions
- Hart v. . the Hudson River Bridge CompanyNew York Court of Appeals · 1881
- Warner v. New York, Ontario & Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Petrie v. WilliamsNew York Supreme Court · 1893
- Caven v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1898
- Washburn v. National Acc. Soc.New York Supreme Court · 1890
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