Ledwich v. . McKim
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York in favor of plaintiff, entered upon an order denying motion for a new trial and directing .judgment on a verdict. This action was brought to recover back the purchase-money alleged to have been paid to defendants by plaintiff’s assignor, William B. Scranton, upon the purchase of certain railroad bonds, upon the ground of failure of title.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York in favor of plaintiff, entered upon an order denying motion for a new trial and directing .judgment on a verdict. This action was brought to recover back the purchase-money alleged to have been paid to defendants by plaintiff’s assignor, William B. Scranton, upon the purchase of certain railroad bonds, upon the ground of failure of title. On the 16th of October, 1865, William B. Scranton, plaintiff’s assignor, bought of defendants ten instruments, purporting to be bonds of the Vicksburg, Shreveport and…
1Opinion of the CourtFolger, J.
The plaintiff puts his right of action upon the ground, that the defendants sold to his assignor these instruments, being personal property, without having any title thereto, and that hence they are liable upon their implied, warranty of title. It is not to be disputed that, if these papers are other than negotiable instruments, there was in the sale of them by the defendants an implied warranty of their title to them, and that on a failure of title they are liable. The defendants insist, however, that they only impliedly warrant the genuineness of the execution of the instrument. In this…
2Cases cited8 opinions
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Van Duzer v. . HoweNew York Court of Appeals · 1860
- Welch v. . SageNew York Court of Appeals · 1872
- Thrall v. NewellSupreme Court of Vermont · 1847
- Bordwell v. . CollieNew York Court of Appeals · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Holbrook v. . New Jersey Zinc Co.New York Court of Appeals · 1874
- Boston Steel & Iron Co. v. SteuerMassachusetts Supreme Judicial Court · 1903
- Greentree v. . RosenstockNew York Court of Appeals · 1875
- McClure v. . Central Trust Co.New York Court of Appeals · 1900
- Town of Solon v. Williamsburgh Savings BankNew York Court of Appeals · 1889
29 more not listed; retrieve them via the Exa API.