Fairbanks, Morse & Co. v. Inglitt

' The opinion of the court was delivered by

Dawson, J.:

The plaintiffs sold and shipped for delivery to the city of Syracuse two electrical transformers. The defendant, Roy W. Inglitt, who was then the superintendent of the city’s lighting system, had ordered the transformers without authority, and he received them from the railway carrier and unlawfully converted and sold them and pocketed the proceeds.

About the same time the city discovered that the defendant was short in his official accounts, and required him to make arrangements to settle. On November 5, 1918, he gave the city a warranty…