Taft v. . Chapman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department in favor of defendants, entered upon an order denying motion for a new trial and directing judgment upon a nonsuit. This action was brought to recover the value of eight bonds (so called) of the United States government, of which five were for the sum of $1,000 dollars each, and three for the sum of $500 dollars each. The bonds were coupon bonds, payable to bearer.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department in favor of defendants, entered upon an order denying motion for a new trial and directing judgment upon a nonsuit. This action was brought to recover the value of eight bonds (so called) of the United States government, of which five were for the sum of $1,000 dollars each, and three for the sum of $500 dollars each. The bonds were coupon bonds, payable to bearer. The plaintiff was the owner of the bonds, and deposited them for safe keeping in the P. B. "Westfall Bank, of which Beardsley Yan…
1Opinion of the CourtAndrews, J.
The defendants derived title to the bonds in question" from Van Alstyne, who took them by larceny from the possession of the plaintiff, the true owner.
They were payable to bearer, and were not over due, and the title of the defendants is protected to the same extent' as would be that of the endorsee of a bill or note, transferred under the same circumstances. (Delafield v. The State of Illinois, 2 Hill, 159; Mercer County v. Hacket, 1 Wallace, 95; Murray v. Lardner, 2 id., 110.)
The plaintiff’s title was not lost by the transfer to the defendants, unless they were tona fide holders.for value…
2Cases cited3 opinions
- Markham v. . JaudonNew York Court of Appeals · 1869
- Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
- Weaver v. . BardenNew York Court of Appeals · 1872
3Cited by9 opinions
- Duncomb v. . N.Y., H. N.R.R. Co.New York Court of Appeals · 1881
- Duncomb v. New York, Housatonic & Northern RailroadNew York Court of Appeals · 1881
- Rochester Distilling Co. v. DevendorfNew York Supreme Court · 1893
- Kaminski v. ScheferAppellate Division of the Supreme Court of the State of New York · 1899
- Larbig v. PeckAppellate Division of the Supreme Court of the State of New York · 1902
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