Salt Springs National Bank v. . Wheeler
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial district, affirming a judgment in favor of the plaintiff, entered upon the decision of the court at circuit, upon trial without a jury.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial district, affirming a judgment in favor of the plaintiff, entered upon the decision of the court at circuit, upon trial without a jury. The complaint alleges the wrongful conversion of three drafts or bills of exchange drawn by Jaycox & Green upon the defendant, each payable one month after date to their own order, and indorsed by them, and dated, respectively, September 16, November 6 and November 22, 1865, amounting together to $1,012, which were delivered by Jaycox & Green to the plaintiff, discounted by…
1Opinion of the Court
Hunt, C.
The advantage of an action in trover, rather than an action in assumpsit, in the collection of a debt, is apparent. It gives a right to hold to bail during the pendency of the action, and a right of imprisonment upon an execution, in addition to the usual resort to the property of the defendant. To procure this advantage the plaintiffs have passed by their plain and obvious remedy, of an action against the defendant for a breach of contract, and have brought an action of trover. The question is whether they can sustain it.
During the autumn of 1865, the defendant being indebted to the…
2Cases cited1 opinion
- Decker v. . MathewsNew York Court of Appeals · 1855
3Cited by23 opinions
- Pierpoint v. HoytNew York Court of Appeals · 1932
- Davis & Son v. HurtSupreme Court of Alabama · 1896
- Lockit Cap Co. v. Globe Manufacturing Co.Washington Supreme Court · 1930
- Frome v. DennisSupreme Court of New Jersey · 1883
- Nye v. JohnsonNorth Dakota Supreme Court · 1942
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