Farmers and Mechanics' Nat. Bank v. . Logan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court of the city of New York, affirming a judgment in favor of plaintiff, entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court of the city of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the facts are set forth sufficiently in the opinion. . The attempt of the hank by the words printed on the bill bf lading to create a trust and lien in its favor as pledgee upon "the wheat, after it had passed with its assent into the possession of Brown, the general owner, was ineffectual in law to defeat the sale by. Brown to defendants. (McFarland v. Wheeler, 26 Wend., 467; Bryce v. Brooks, id., 367, 373;…
1Opinion of the CourtFolger, J.
This is an action brought by the plaintiff to recover of the defendants the value of a canal boat load of wheat, alleged to be the property of the plaintiff and to have been taken by the defendants and converted to their own use.
The plaintiff recovered judgment against all of the defendants. The defendants, Logan and Preston, have appealed, and they contest the recovery. They did, in fact, take the wheat and ship it abroad for their own purposes and benefit. They bought it from the defendant, Brown, at the produce exchange in New York city, and paid for it, all in the usual course of business…
2Cases cited8 opinions
- Mowrey v. WalshNew York Supreme Court · 1828
- The Bank of Rochester v. . JonesNew York Court of Appeals · 1851
- Smith v. . LynesNew York Court of Appeals · 1851
- M. T. Bank v. . F. M. Nat. BankNew York Court of Appeals · 1875
- City Bank v. Rome, Watertown, & Ogdensburgh RailroadNew York Court of Appeals · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Standard Casing Co. v. . California Casing Co.New York Court of Appeals · 1922
- McCormick & Richardson v. Joseph & AndersonSupreme Court of Alabama · 1884
- Forbes v. Boston and Lowell RailroadMassachusetts Supreme Judicial Court · 1882
- Hallgarten v. OldhamMassachusetts Supreme Judicial Court · 1883
- United States v. HoffaDistrict Court, S.D. New York · 1957
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