Lindsley v. Diefendorf
New York Supreme Court
Jury waived, and tried before the court. Almon Lindsley died intestate, May 10, 1867. Letters of administration were issued May 14, 1867, to Isaac M. Lindsley, plaintiff.
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Jury waived, and tried before the court. Almon Lindsley died intestate, May 10, 1867. Letters of administration were issued May 14, 1867, to Isaac M. Lindsley, plaintiff. An action was brought by the plaintiff, as administrator, against Almon E. Lindsley to recover possession of certain securities of the deceased, among which was the Oswego county bond, numbered 224, for $500. The summons and complaint were personally served 18th May, 1867, and the same day a copy of an injunction order on that suit restraining the disposal of said securities, was served on Almon E. Lindsley. Issue was joined…
1Opinion of the CourtHardin, J.
—By section 6, of chapter 8, of the laws of 1864, the bond (the proceeds of which are involved in this action) was authorized, and was issued payable April 1, 1870, and was made payable to the name of the obligee or bearer.
It was negotiable by delivery, and was of a class of securities that of later years have become very numerous, passing *359from hand to hand by delivery, and sold openly in the market daily.
It possessed all the elements of commercial paper, and is subject to ah the rules which pertain to commercial paper, and purchasers and holders thereof are entitled to all the rights which…
2Cases cited14 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Bush v. . LathropNew York Court of Appeals · 1860
- Murray v. BallouNew York Court of Chancery · 1815
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Livingston v. LivingstonNew York Court of Chancery · 1817
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3Cited by1 opinion
- Holbrook v. . New Jersey Zinc Co.New York Court of Appeals · 1874