Belmont Branch v. Hoge
The Superior Court of New York City
Appeal by the plaintiffs from an order denying a motion made by them for a new trial. This is an action to recover damages for the wrongful conversion, by the defendants, of four certain bills of exchange alleged to be the property of the plaintiff.
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Appeal by the plaintiffs from an order denying a motion made by them for a new trial. This is an action to recover damages for the wrongful conversion, by the defendants, of four certain bills of exchange alleged to be the property of the plaintiff. It appeared at the trial that the bills in question, at about the time of their date, were discounted by the plaintiff, at its place of business, in the State of Ohio, for certain persons there residing, whereby the plaintiff became the lawful holder and owner thereof. That said bills were thereupon indorsed by the plaintiff’s cashier to Edwin…
1Opinion of the CourtRobertson, J.
—This action is brought by the plaintiffs, a corporation of the State of Ohio, to recover the value of certain drafts owned by them, which they claim to have been transferred to the defendants as security for a usurious loan, alleged to have been made to the Ohio Life Insurance *550and Trust Company; to whose cashier they were sent by the plaintiffs for collection.
The ownership of the drafts by the plaintiffs, their transmission of them to the cashier of the Life and Trust Company "for collection, and his borrowing money upon them, fully appear in evidence. No appropriation of the funds received…
2Cases cited5 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Ramsdell v. MorganNew York Supreme Court · 1837
- Mechanics & Traders' National Bank v. CrowNew York Court of Appeals · 1875
- Bogert v. HaightNew York Court of Chancery · 1841
- Talbot v. WakemanUnited States District Court · 1860
3Cited by3 opinions
- Parker Mills v. JacotThe Superior Court of New York City · 1861
- Bank of N.Y. v. . Bank of OhioNew York Court of Appeals · 1864
- Bank of New York v. Muskingum Branch of the Bank of OhioNew York Court of Appeals · 1864