Esmond v. . Apgar
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas in and for the city and county of Mew York, reversing a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 7 Daly, 379.) This action was brought to recover damages for the alleged conversion of two certificates of stock of a manufacturing corporation, which came into the hands of defendant as assignee in bankruptcy of the' firm of L. Morgan & Son.
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Appeal from order of the General Term of the Court of Common Pleas in and for the city and county of Mew York, reversing a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 7 Daly, 379.) This action was brought to recover damages for the alleged conversion of two certificates of stock of a manufacturing corporation, which came into the hands of defendant as assignee in bankruptcy of the' firm of L. Morgan & Son. Plaintiff subsequently demanded the certificates, but defendant refused to deliver them, claiming to hold them as security for certain obligations…
1Opinion of the CourtRapallo, J.
The uncontrovcrtcd evidence shows that the certificates of stock which are the subject of this action were, prior to and at the time of the bankruptcy of the firm of L. .Morgan & Son, and of the appointment of the defendant . as their assignee, in the possession of that firm. The referee having been requested to find that fact the defendant is entitled to the benefit of it on this appeal.
It appears that these certificates were accompanied by assignments and powers in blank, indorsed thereon and signed by the plaintiff, which instruments were indicia of title in any person in whose possession…
2Cases cited1 opinion
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
3Cited by3 opinions
- Young v. GormleySupreme Court of Iowa · 1903
- Bowen v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1897
- Haven v. PlaceSupreme Court of Minnesota · 1881