Taylor v. Ketchum
The Superior Court of New York City
This action was brought to recover damages for the conversion by the defendants of United States bonds, placed in their hands by the plaintiff to be taken care of; and also for selling gold coin placed in their hands to be sold, when it reached a certain price, upon the ground that the defendants sold the gold for less than they were instructed to receive therefor in currency, thereby violating the plaintiff’s directions.
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This action was brought to recover damages for the conversion by the defendants of United States bonds, placed in their hands by the plaintiff to be taken care of; and also for selling gold coin placed in their hands to be sold, when it reached a certain price, upon the ground that the defendants sold the gold for less than they were instructed to receive therefor in currency, thereby violating the plaintiff’s directions. The plaintiff’s causes of action were set forth in his complaint, separately, as being four, of which the second was dismissed upon the trial. 1st. Was that, in April, 1864,…
1Opinion of the Court
By the Court, Garvin, J.
To sustain this action the plaintiff was bound to show title in himself to the securities and coin for the conversion of which it is brought. There was abundant evidence to sustain the verdict,' provided that question is to turn simply upon the issues found by the jury. Upon the'first question, that of title, the property either belonged to the plaintiff or the defendants, .and it will hardly be contended that the defendants were the owners of the coin or securities. Irrespective of the defendants’ lien thereon, there can be no doubt that the plaintiff was the owner,…
2Cases cited12 opinions
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- Wilson v. . LittleNew York Court of Appeals · 1849
- Vedder v. . FellowsNew York Court of Appeals · 1859
- Higgins v. . MooreNew York Court of Appeals · 1866
- Lansing v. WiswallNew York Supreme Court · 1848
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3Cited by1 opinion
- Sturm v. Atlantic Mutual InsuranceThe Superior Court of New York City · 1874