New York Court of Appeals
Francis Kowing, Appellant v. Washington Manly, Respondents
April 16, 187249 N.Y. 192
Summary
The Court reversed the lower court's judgment for the defendants and entered judgment for the plaintiff, awarding the value of the bonds and costs. It held that delivery of the bonds to the plaintiff's wife without the plaintiff's written order did not discharge the defendants' liability, that the husband is not personally liable for his wife's conversion except as a necessary party, that the doctrine of avoiding circuity of action does not bar the plaintiff's recovery, and that expert testimony on simulated handwriting is not competent to prove the genuineness of a signature against the plaintiff.