Mechanics & Traders' Bank v. Farmers & Mechanics' National Bank
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, setting aside a verdict in favor of plaintiff and granting a new trial. (Reported below, 2 N. Y. S. C. [T. & C.], 395.) This action was brought for the conversion of 15,000 bushels of wheat. The wheat in question was shipped by George I. Jones & Co., at Milwaukie, to the care of the owner, S. IL Worthington, Buffalo, for account of D. Ferguson, cashier.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, setting aside a verdict in favor of plaintiff and granting a new trial. (Reported below, 2 N. Y. S. C. [T. & C.], 395.) This action was brought for the conversion of 15,000 bushels of wheat. The wheat in question was shipped by George I. Jones & Co., at Milwaukie, to the care of the owner, S. IL Worthington, Buffalo, for account of D. Ferguson, cashier. The bill of lading was delivered to the Wisconsin Fire and Marine Bank, of which Ferguson was cashier, upon discount of a draft drawn by the shippers…
1Opinion of the CourtMiller, J.
Upon the trial of this case at the Circuit, the defendants’ cou'nsel excepted to that part of the charge of the judge to the jury, to the effect that the plaintiff was entitled to recover if the jury believed that the arrangement for the delivery of the wheat to the railway company was as it is stated to. have been by Worthington. Assuming that the exception covered a portion of the charge as made, the principal question in the case arises, I think, upon this exception. A proper consideration of this question involves the inquiry as to the effect of the order made by Worthington by which it…
2Cases cited6 opinions
- Baker v. . DrakeNew York Court of Appeals · 1873
- City Bank v. Rome, Watertown, & Ogdensburgh RailroadNew York Court of Appeals · 1870
- Ormsby v. . Vermont Copper Mining CompanyNew York Court of Appeals · 1874
- Dows v. . GreeneNew York Court of Appeals · 1862
- Dows v. GreeneNew York Supreme Court · 1860
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3Cited by13 opinions
- Pray v. . HegemanNew York Court of Appeals · 1885
- Meadowcroft v. PeopleIllinois Supreme Court · 1896
- Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
- Ward v. JohnsonIllinois Supreme Court · 1880
- Elwell v. DodgeNew York Supreme Court · 1861
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