Baker v. N. Y. National Exchange Bank
New York Court of Appeals
Appeal by the defendant from a judgment of the general term of the supreme court for the first department, affirming a judgment entered on a verdict directed for the plaintiff by the court. "Willard Baker and Milton A. Wilson, partners as Baker & Wilson, sued the New York National Exchange Bank, to recover the amount of a check to the order of the plaintiffs drawn by C. A. Wilson & Bro. upon the defendant.
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Appeal by the defendant from a judgment of the general term of the supreme court for the first department, affirming a judgment entered on a verdict directed for the plaintiff by the court. "Willard Baker and Milton A. Wilson, partners as Baker & Wilson, sued the New York National Exchange Bank, to recover the amount of a check to the order of the plaintiffs drawn by C. A. Wilson & Bro. upon the defendant. The complaint, after allegations in the usual form, stating plaintiffs’ copartnership and defendants’ incorporation, proceeded as follows: “III. That plaintiffs are manufacturers of…
1Opinion of the CourtAndrews, J.
The relation between a commission agent for the sale of goods and his principal is fiduciary. The title to the goods, until sold, remains in the principal; and when sold, the proceeds, whether in the form of money, or notes, or other securities, belong to *462him, subject to the lien of the commission agent for advances and other charges. The agent holds both the goods and the proceeds upon an implied trust to dispose of the goods according to the directions of the principal," and to account for and to pay over to him the proceeds from sales. The relation between the parties in respect to the…
2Cases cited3 opinions
- Van Alen v. . American National BankNew York Court of Appeals · 1873
- Thompson v. PerkinsU.S. Circuit Court for the District of Massachusetts · 1823
- Duguid v. EdwardsNew York Supreme Court · 1867
3Cited by6 opinions
- C. T. Fuller and Louisiana Stud, Inc. v. Fasig-Tipton Company, IncorporatedCourt of Appeals for the Second Circuit · 1978
- Gerard v. McCormickNew York Court of Common Pleas · 1890
- James Reynolds Elevator Co. v. Merchants' National BankAppellate Division of the Supreme Court of the State of New York · 1900
- Lake v. HaseltineNew York Supreme Court · 1887
- O'Connor v. Mechanics' BankNew York Supreme Court · 1888
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