Converse v. . Sickles
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 1, 1893, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 1, 1893, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The principle that money paid under a valid judgment cannot be recovered back, though not justly due to the judgment creditor, only applies to cases in which the judgment is res judicata upon the questions sought to be raised in the…
1Opinion of the CourtHaight, J.
This action was brought to charge the defendant, as a trustee for the benefit of the plaintiffs, with the sum of $5,312.99, as the proceeds of certain merchandise alleged to have belonged to the plaintiffs, but wrongfully detained by the defendant.
The plaintiffs claimed that they were induced by fraud and deceit to sell and deliver the goods in question to the firm of Fechheimer, Eau & Co., and that shortly thereafter the same were seized by the defendant, who claims to have levied thereon by virtue of executions issued to him by judgment creditors of the firm; that the plaintiffs immediately…
2Cases cited7 opinions
- American Sugar Refining Co. v. FancherNew York Court of Appeals · 1895
- Goodwin v. . WertheimerNew York Court of Appeals · 1885
- Marsh v. . MastertonNew York Court of Appeals · 1886
- Shaw v. . BroadbentNew York Court of Appeals · 1891
- Rose v. . HawleyNew York Court of Appeals · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Rudd v. . CornellNew York Court of Appeals · 1902
- Employers' Fire Insurance v. CottenNew York Court of Appeals · 1927
- Griffith v. Bank of New YorkCourt of Appeals for the Second Circuit · 1945
- Alco Gravure, Inc. v. Knapp FoundationNew York Court of Appeals · 1985
- Matter of LeeNew York Court of Appeals · 1917
24 more not listed; retrieve them via the Exa API.