People's Trust Co. v. . Smith
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Oourt in the second judicial department, entered March 3, 1913, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Oourt in the second judicial department, entered March 3, 1913, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The delivery of the bond and mortgage by the owner to his nephew, a person of identically the same name, vested in such nephew the apparent ownership thereof so as to estop the actual owner from questioning the title thereto of any person who purchased the…
1Opinion of the CourtCardozo, J.
The defendants Smith delivered to the defendant George F, Stainton, described in the record as George F. Stainton, No. 1, a bond and mortgage to secure a debt of $3,000. The mortgagee had a nephew of the same name, who is a member of the bar. He is described in the record as George F. Stainton, Ho. 2. The uncle placed the bond and mortgage, with other papers, in a separate bundle, and left them, solely for safekeeping, in the safe in the nephew’s office. The nephew purloined the bond and mortgage, and attempted to • assign them to the plaintiff, The People’s Trust Company. He executed, in his…
2Cases cited18 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Shipman v. Bank of New YorkNew York Court of Appeals · 1891
- National Safe Deposit, Sav. & Trust Co. of DC v. HibbsSupreme Court of the United States · 1913
- Bank v. LanierSupreme Court of the United States · 1871
- Knox v. Eden Musee Americain Co.New York Court of Appeals · 1896
13 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Kraker v. RollAppellate Division of the Supreme Court of the State of New York · 1984
- People v. LevitanNew York Court of Appeals · 1980
- Bunge Corp. v. Manufacturers Hanover Trust Co.New York Court of Appeals · 1972
- City of New York v. Bronx County Trust Co.New York Court of Appeals · 1933
- Home Indemnity Co. v. State BankSupreme Court of Iowa · 1943
42 more not listed; retrieve them via the Exa API.