Legal Opinion
Fur & Wool Trading Co. v. George I. Fox, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 4, 1927PublishedCited by 1 opinion
1Opinion of the CourtProskauer, J.
Plaintiff appeals from an order and a judgment dismissing the complaint for failure to state a cause of action in equity. Its allegations are that Sipailo stole furs from the plaintiff, sold them to agents of the defendant, that both defendant and the agents had guilty knowledge of the theft, that the defendant resold the furs at a profit, and that the legal remedy is inadequate. Its prayer is for an accounting.
These allegations establish that the defendant may, under certain conditions, be treated as a trustee ex maleficio. (Newton v. Porter, 69 N. Y. 133; Lightfoot v. Davis, 198 id. 261;…
2Cases cited7 opinions
- Lightfoot v. . DavisNew York Court of Appeals · 1910
- United States v. Bitter Root Development Co.Supreme Court of the United States · 1906
- Newton v. . PorterNew York Court of Appeals · 1877
- Comstock v. . HierNew York Court of Appeals · 1878
- Falk v. . HoffmanNew York Court of Appeals · 1922
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Small v. KronstatNew York Supreme Court · 1940