Stoll v. King
New York Supreme Court
The action is brought to recover moneys alleged to have been collected by the defendant, as the agent of the plaintiff. The affidavit upon which the order was founded, states, that sundry persons therein named, were indebted to the plaintiff for goods, wares, and merchandize, sold to them by the plaintiff, and that he entrusted and confided the accounts-against such persons to the defendant, to collect and pay over to him upon demand—that the defendant accepted the trust,…
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The action is brought to recover moneys alleged to have been collected by the defendant, as the agent of the plaintiff. The affidavit upon which the order was founded, states, that sundry persons therein named, were indebted to the plaintiff for goods, wares, and merchandize, sold to them by the plaintiff, and that he entrusted and confided the accounts-against such persons to the defendant, to collect and pay over to him upon demand—that the defendant accepted the trust, and received the sums specified, during the year 1852—that the plaintiff had frequently applied to the defendant for the…
1Opinion of the Court
Harris, Justice.
The decision of this question must depend upon the construction to be given to the words “ fiduciary capacity ” in the second sub-division of the 179th section of the Code. The provision, in which this language is found, authorizes the arrest of a factor, agent, broker, or other person, when the action is for money received, &c., in a fiduciary capacity. The term “ fiduciary,” as I understand it, involves the idea of trust, confidence. It refers to the integrity—the fidelity of the party trusted, rather than his credit or ability. It contemplates good faith, rather than legal…
2Cases cited2 opinions
- White & Williams v. PlattNew York Supreme Court · 1848
- Kingsland v. SpaldingNew York Court of Chancery · 1848
3Cited by9 opinions
- Herrlich v. McDonaldCalifornia Supreme Court · 1889
- Commissioner of Internal Revenue v. OwensCourt of Appeals for the Tenth Circuit · 1935
- Herman v. LynchSupreme Court of Kansas · 1881
- Merrill v. ThomasNew York Court of Common Pleas · 1878
- Smith v. . OgilvieNew York Court of Appeals · 1891
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