Legal Opinion

Robinson v. Stanley

Appellate Terms of the Supreme Court of New York

Decided January 15, 1909Published

Appeal by the defendant from a judgment of the City Court of the city of Few York, entered in favor of the plaintiff upon the verdict of a jury and also from an order denying defendant’s motion for a new trial.

1Opinion of the CourtBischoff, J.

The complaint proceeded for a conversion of moneys by the defendant, when employed as an agent by the plaintiff, and the allegations disclosed the fact that the agency was of a very general character supporting an obligation to account, but involving no duty upon the agent’s part to pay over specific sums when received. Under these circumstances a cause of action growing out of the agent’s possession of a balance due to his employer would appear to be one arising upon contract and not for conversion. See Parmenter v. Am. Box Co., 44 App. Div. 47.

We do not place our determination of the appeal…

2Cases cited1 opinion

  1. Parmenter v. American Box Machine Co.Appellate Division of the Supreme Court of the State of New York · 1899

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