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Chapman v. Town of Taylor

49 N.Y. St. Rep. 848 Court N.Y. Decision date 1893-01-17 English

Delivered by Finch, J.

Contents

Majority

p. 848
William H. Chapman, Resp’t, v. The Town of Taylor, App’lt.[1]
(Court of Appeals,
Filed January 17, 1893.)

Headnote

Appeal from judgment of the supreme court, general term, fourth department, affirming judgment in favor of plaintiff.
Louis Marshall and B. A. Benedict, for app’lt; Edward B. Thomas and Howard D. Newton, for resp’t.

It appears by the thirty-fifth finding of fact that in 1881 the plaintiff was the owner of the bonds from which the coupons sued on were cut. That ownership presumptively continued, and is not shown to have been changed.

On authority of Savings Bank case, the judgment should be modified by deducting therefrom the sum of $657.98, and, as modified, he affirmed without costs to either party in this court.

All concur.