Legal Opinion

Esmond v. Apgar

New York Court of Common Pleas

Decided January 7, 1878PublishedCited by 2 opinions

Appeal by the defendant from a judgment of this court, entered in favor of plaintiff, upon the report of Bradbury C. Chetwood, a referee, to whom it was referred to hear and determine the issues.

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Appeal by the defendant from a judgment of this court, entered in favor of plaintiff, upon the report of Bradbury C. Chetwood, a referee, to whom it was referred to hear and determine the issues. This action was brought against the defendant, who was the assignee in bankruptcy of L. Morgan & Son, bankrupts, to recover damages for the conversion of certain shares of stock. t, The answer among other defenses set up that the defendant was such assignee; that the stock came into his hands with other property of the bankrupts’; that he held it as collateral to a draft accepted by plaintiff’s…

1Opinion of the CourtJoseph F. Daly, J.

The findings of the referee established that the plaintiff was the owner of ^wo certificates of stock, one for five shares., and one for twenty shares, of the “ United States Dairy Company,” of the value, at the time of their conversion by defendant, .of $1,000 ; that the defendant, who was the assignee in bankruptcy of L. Morgan & Son, converted the stock to his own use; and that this action was not brought within two years from the time when *381the cause of action accrued, viz.: in February, 1875. The referee refused to find that the acts of defendant in taking, holding and selling the stock…

2Cases cited2 opinions

  1. Dennison v. PlumbNew York Supreme Court · 1854
  2. In re ConantU.S. Circuit Court for the District of Southern New York · 1862

3Cited by2 opinions

  1. Fohs v. RainNew York Supreme Court · 1902
  2. Haven v. PlaceSupreme Court of Minnesota · 1881

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