New York Court of Appeals

Decker Against Mathews and Another.

March 5, 185512 N.Y. 313

Summary

The New York Court of Appeals affirmed the judgment, holding that the plaintiff was entitled to possession of the note at the time of the defendant's conversion, that conversion of a promissory note is actionable even before it is negotiated to a bona fide holder, that damages equal the amount the plaintiff is liable to pay on the note, and that the complaint was sufficiently pleaded. Justice in a concurrence agreed with the result but questioned the theoretical basis for treating the note as property.