Thompson v. St. Nicholas National Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 8, 1888, which denied a motion for a new trial ■ and directed judgment for defendant on a verdict. This action was broúght to recover possession of certain railroad bonds. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 8, 1888, which denied a motion for a new trial ■ and directed judgment for defendant on a verdict. This action was broúght to recover possession of certain railroad bonds. The material facts are stated in the opinion. If a person, when goods are demanded of him, rests his refusal on grounds quite distinct from any claim of lien, he cannot afterwards put forth a claim of hen as his justification for his refusal. (1 Addison on Torts, 540; Dous v. Morewood, 10 Barb.…
1Opinion of the Court
Ruger, Ch. J.
The uncontroverted proof on the trial established the following facts, viz.: That on the 18th day of April, 1874, Capron & Merriam, stock brokers in New York, deposited with the defendant, a national bank, ninety-three coupon railroad bonds, payable to bearer, of the par value of $1,000 each, as security for any indebtedness which they then were, or might become liable for to such bank, with authority to sell such securities upon default, either at public or private sale, without advertisement or notice, and apply the proceeds in payment of such indebtedness. Hpon the same day,…
2Cases cited10 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Murray v. LardnerSupreme Court of the United States · 1865
- Truscott v. . KingNew York Court of Appeals · 1852
- Welch v. . SageNew York Court of Appeals · 1872
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- Riordan v. FergusonCourt of Appeals for the Second Circuit · 1945
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