Alliance Insurance v. Cleveland
New York Supreme Court
Motion to vacate order of arrest. The plaintiffs are a foreign corporation, organized under the laws of Pennsylvania, and engaged in the business of insurance. The defendant was their agent for effecting insurance in Troy. This action was brought to recover a balance alleged to be due from the defendant for moneys received by him as agent, and not paid over to the plaintiffs.
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Motion to vacate order of arrest. The plaintiffs are a foreign corporation, organized under the laws of Pennsylvania, and engaged in the business of insurance. The defendant was their agent for effecting insurance in Troy. This action was brought to recover a balance alleged to be due from the defendant for moneys received by him as agent, and not paid over to the plaintiffs. Upon the commencement of the suit, an order of arrest was made by a county judge, upon which this defendant was held to bail. The defendant moved to vacate this order, upon his own affidavit and that of William D.…
1Opinion of the Court
Harris, Justice.
There can be no doubt, I think, that prior to the transaction of the 8th of February, the defendant was liable to arrest. As the plaintiffs’ agent, he had received their money—not his own. He had received it upon the special trust that he should pay it over to the plaintiffs—hot apply it to his own use. His default brought him within the provisions of the 2d subdivision of the 179th section of the Code.
But when, upon the settlement between the parties, the plaintiffs received the check and acceptance of the defendant,
■ payable in futuro, for the amount due them, the character…
2Cited by7 opinions
- Donovan v. CornellNew York Court of Common Pleas · 1885
- Jerome v. MorganNew York Court of Common Pleas · 1885
- Obregon v. De MierNew York Court of Common Pleas · 1877
- Agar v. HainesNew York Court of Common Pleas · 1888
- Donovan v. CornellNew York Court of Common Pleas · 1886
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