Northampton National Bank v. Kidder
The Superior Court of New York City
Hearing on a verdict directed for the plaintiff, subject to the opinion of the general terra. The Northampton National Bank sued Amos M. Kidder and others, for the conversion of railway bonds stolen from the bank, and afterwards bought and sold by the defendants. The bonds contained a covenant making the principal due in case of default in the interest coupons, or of default in the stipulated payments to the sinking fund. Such defaults had occurred for a long period.
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Hearing on a verdict directed for the plaintiff, subject to the opinion of the general terra. The Northampton National Bank sued Amos M. Kidder and others, for the conversion of railway bonds stolen from the bank, and afterwards bought and sold by the defendants. The bonds contained a covenant making the principal due in case of default in the interest coupons, or of default in the stipulated payments to the sinking fund. Such defaults had occurred for a long period. A foreclosure suit on the bonds had been brought and the road was still in the hands of a receiver. Further facts appear in the…
1Opinion of the CourtIngbaham, J.
This action was brought to recover for the conversion of two consolidated second mortgage bonds of the Ohio and Missouri Hailway Company.
It appears that prior to the ninth of January, 1876, the bonds in question were the property and in the possession of the plaintiff, a national bank doing business at Northampton, in the State of Massachusetts, and that on the ninth of January, 1876, plaintiff was robbed of a large amount of property including the bonds in question. That at the time of the robbery, the said bonds were not in default but interest had been regularly paid thereon. That the…
2Cases cited14 opinions
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
- Byrnes v. . City of CohoesNew York Court of Appeals · 1876
- Durant v. . AbendrothNew York Court of Appeals · 1877
- Howell v. . AdamsNew York Court of Appeals · 1877
- Ocean Nat. Bank of N.Y. City v. . CarllNew York Court of Appeals · 1874
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