Frick v. Freudenthal
Appellate Terms of the Supreme Court of New York
Appeal from an interlocutory judgment of the City Court of the city of Hew York, which sustained a demurrer to the defendant’s counterclaim for the use and occupation of certain premises let by him to the plaintiffs, in an action brought by the latter to recover for the conversion of rents of other premises and alleged to have been collected by the defendant as the plaintiff’s agent.
1Opinion of the CourtBischoff, J.
The complaint as we read and construe it is, and was intended to he in tort, for the conversion of rents *349of certain real property alleged to have been collected and received by the defendant as-the plaintiffs’ agent, and not upon contract, for money had and received to the plaintiffs’ use. This is apparent from the allegations that the moneys were received by the defendant in a fiduciary capacity and that he has embezzled and fraudulently misapplied the same to his own use. The purport of these allegations is obvious; it is to enable the plaintiffs to cause the defendant’s arrest pending the…
2Cases cited1 opinion
- Fyfe v. JacksonAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Powers v. RosenbloomSupreme Judicial Court of Maine · 1948