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Stanton v. Town of Taylor

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

Delivered by *849 Finch, J.

Contents

Majority

p. 848
Charles H. Stanton, 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.

The plaintiff produced on the trial bond Mo. 1 of $100, and bond Mo. 9 of $500, indorsed in blank, and of which, therefore, he was shown to be the owner, and took an admission as to the similar form of others, and so it must be assumed that he owned the bonds from which the coupons were cut.

On the authority of Savings Bank case, the judgment should be modified by deducting therefrom the sum of $2,496.47, and, as modified, affirmed, without costs to either party in this court. All concur.