City Bank v. Rome, Watertown, & Ogdensburgh Railroad
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the fifth district, affirming a judgment in favor of the plaintiff entered on a trial without a jury. A. L. Groundwater, of Toronto, C. W., drew drafts on C. P. Egert of Prescott, C. W., for $3,200, $3,200, $4,686, total $11,086, and procured the plaintiff to discount them at Toronto.
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Appeal from an order of the General Term of the Supreme Court in the fifth district, affirming a judgment in favor of the plaintiff entered on a trial without a jury. A. L. Groundwater, of Toronto, C. W., drew drafts on C. P. Egert of Prescott, C. W., for $3,200, $3,200, $4,686, total $11,086, and procured the plaintiff to discount them at Toronto. At that time Groundwater had wheat on board of vessels at Toronto, consigned to "his own order at Cape Vincent, and he transferred to the plaintiff three bills of lading of the vessels containing the wheat, as security for the payment of the…
1Opinion of the Court
Hunt, C.
Many points were raised upon the trial, and argued in the court helow, that are not now insisted upon. The determination of the questions of, fact was of more difficulty than the disposition of the questions of law. The latter are all that are presented for our consideration. I will take up, in their order, the objections to the recovery now presented by the counsel for the appellants.
It is alleged that the plaintiff failed to establish any title to the wheat in question, because the bill of lading was not indorsed to the plaintiff, but to C. P. Egert. If I understand the implication…
2Cases cited4 opinions
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Wheeler v. M'FarlandNew York Supreme Court · 1833
- Rawls v. DeshlerNew York Court of Appeals · 1867
- Wait v. . GreenNew York Court of Appeals · 1867
3Cited by25 opinions
- Farmers and Mechanics' Nat. Bank v. . LoganNew York Court of Appeals · 1878
- Furman v. . Union Pacific R.R. Co.New York Court of Appeals · 1887
- First National Bank of Toledo v. ShawNew York Court of Appeals · 1874
- M. T. Bank v. . F. M. Nat. BankNew York Court of Appeals · 1875
- First National Bank v. Mount Pleasant Milling Co.Supreme Court of Iowa · 1897
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