Newton v. . Porter
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court at Special Term. The nature of. the action and the facts are set forth sufficiently in the opinion. The defendant’s failure to move to suppress the deposition taken under the commission was only a waiver of irregularities in taking it. (Brown v. Southworth, 9 Paige, 350; Hays v. Phelps, 1 Sanclf.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court at Special Term. The nature of. the action and the facts are set forth sufficiently in the opinion. The defendant’s failure to move to suppress the deposition taken under the commission was only a waiver of irregularities in taking it. (Brown v. Southworth, 9 Paige, 350; Hays v. Phelps, 1 Sanclf. Sup. Ct., 64; Ford v. Williams, 24 N. Y., 359; Rust v. Eckler, 14 id., 488; Williams v. Eldridge, 1 Hill, 249.) To hold…
1Opinion of the CourtAndrews, J.
This is an equitable action brought to establish the right of the plaintiff to certain securities, the proceeds of stolen bonds, and to compel the defendants to account therefor.
In March, 1869, the plaintiff was the owner of $13,000 of government bonds, and of a railroad bond for $1,000, negotiable by delivery, which, on the 12th of March, 1869, were stolen from her, and soon afterwards $11,500 of the bonds were sold by the thief and his confederates, and the proceeds divided between them. William Warner loaned a part of his share in separate loans and took the promissory notes of the…
2Cases cited2 opinions
- Sturm v. . Atlantic Mutual Insurance Co.New York Court of Appeals · 1875
- Zellweger v. CaffeThe Superior Court of New York City · 1855
3Cited by92 opinions
- Merrill v. Abbott (In Re Independent Clearing House Co.)United States Bankruptcy Court, D. Utah · 1984
- Lightfoot v. . DavisNew York Court of Appeals · 1910
- United States v. Bitter Root Development Co.Supreme Court of the United States · 1906
- Buffum v. Peter Barceloux Co.Supreme Court of the United States · 1933
- Underhill v. . SchenckNew York Court of Appeals · 1924
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