Home/New York Supreme Court/Shipley v. Mechanics' Bank

Shipley v. Mechanics' Bank

10 Johns. 484
CourtNew York Supreme Court
DecidedOctober 15, 1813
StatusPublished
Cited by23 cases

This text of 10 Johns. 484 (Shipley v. Mechanics' Bank) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shipley v. Mechanics' Bank, 10 Johns. 484 (N.Y. Super. Ct. 1813).

Opinion

Per Curiam.

The applicants have an adequate remedy, by a special action on the case, to recover the value of the stock, if the bank have unduly refused to transfer it. There is no need of the extraordinary remedy by mandamus, in so ordinary a case. It might as well be required in every case where trover would lie. It is nota matter of public concern, as in the case of public record* and documents; and there cannot be any necessity, or even a desire of possessing the identical shares in question. By recovering the market value of them, at the time of the demand, they can be replaced. This is not the case of a specific and favourite chattel, to which there might exist the pretimn affectionis. The case of The King v. The Bank of England (Doug. 524.) is in point, and this remedy in that case was denied.

Motion denied.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State ex rel. Lyons v. Bank of Conception
163 S.W. 945 (Missouri Court of Appeals, 1913)
Second National Bank v. First National Bank
76 N.W. 504 (North Dakota Supreme Court, 1898)
Slemmons v. Thompson
31 P. 514 (Oregon Supreme Court, 1892)
People ex rel. Steinson v. Board of Education
15 N.Y.S. 308 (New York Supreme Court, 1891)
People ex rel. Krohn v. Miller
46 N.Y. Sup. Ct. 557 (New York Supreme Court, 1886)
State ex rel. Koons v. First National Bank
89 Ind. 302 (Indiana Supreme Court, 1883)
State v. People's Building & Loan Ass'n
43 N.J.L. 389 (Supreme Court of New Jersey, 1881)
People ex rel. Ryan v. French
31 N.Y. Sup. Ct. 263 (New York Supreme Court, 1881)
Durham v. Monumental Silver Mining Co.
9 Or. 41 (Oregon Supreme Court, 1880)
Birmingham Fire Insurance v. Commonwealth ex rel. Kuehneisen
92 Pa. 72 (Supreme Court of Pennsylvania, 1879)
People ex rel. Walker v. Babcock
23 N.Y. Sup. Ct. 313 (New York Supreme Court, 1878)
Cushman v. Thayer Manufacturing Jewelry Co.
7 Daly 330 (New York Court of Common Pleas, 1878)
Murray v. Stevens
110 Mass. 95 (Massachusetts Supreme Judicial Court, 1872)
Kimball v. Union Water Co.
44 Cal. 173 (California Supreme Court, 1872)
Busey v. Hooper
35 Md. 15 (Court of Appeals of Maryland, 1872)
State ex rel. Bornefeld v. Rombauer
46 Mo. 155 (Supreme Court of Missouri, 1870)
Baker v. Marshal
15 Minn. 177 (Supreme Court of Minnesota, 1870)
People ex rel. Hackley v. Croton Aqueduct Board
49 Barb. 259 (New York Supreme Court, 1867)
Jackson's Administrators v. Newark Plankroad Co.
31 N.J.L. 277 (Supreme Court of New Jersey, 1865)
Kimball v. Lamprey
19 N.H. 215 (Superior Court of New Hampshire, 1848)

Cite This Page — Counsel Stack

Bluebook (online)
10 Johns. 484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shipley-v-mechanics-bank-nysupct-1813.