Brightson v. . Claflin
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 24, 1916, affirming a judgment in favor of defendant entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 24, 1916, affirming a judgment in favor of defendant entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The respondent was the author of the auction sale of May 29, 1907; and, consequently, he was liable, personally, in conversion, in respect of any property that was converted by the process of that sale. (Fishkill Inst. v. Bank, 80 N. Y. 162; Schultz v. U. S. Fidelity Co., 201 N. Y. 230; Russell v.…
1Opinion of the Court
Hiscock, Ch. J.
This action is brought to recover for the alleged conversion, through sale, of certain stocks held as security and of dividends which had been declared thereon. The claim of conversion is predicated on the theory that the dividends which had been declared were equivalent to so much money and should have been collected and applied on the indebtedness instead of being sold; that inasmuch as the stock and the dividends were sold together the entire transaction was unlawful and there was a conversion of the stock as well as of the dividends. Out of many findings which although…
2Cases cited23 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Rothschild v. . Title Guarantee Trust Co.New York Court of Appeals · 1912
- Alsens American Portland Cement Works v. Degnon Contracting Co.New York Court of Appeals · 1917
- Baker v. . DrakeNew York Court of Appeals · 1873
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
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3Cited by13 opinions
- Assets Realization Co. v. . RothNew York Court of Appeals · 1919
- First Nat. Bank of Birmingham v. FormanSupreme Court of Alabama · 1935
- Dick v. Daylight Garage, Inc.Supreme Court of Pennsylvania · 1939
- Hathcock v. MacKubinCourt of Appeals of Maryland · 1934
- Manufacturers Trust Co. v. Bank of YorktownCity of New York Municipal Court · 1935
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