Morris v. North American Mercantile Agency Co.
New York Supreme Court
Appeal "by defendant from an interlocutory judgment made at a Special Term of the City Court of the city of New York, sustaining a demurrer to the second defense contained in the supplemental answer.
1Opinion of the CourtErlanger, J.
To a complaint charging conversion the defendant pleads that, when it received from plaintiffs the account against the West Machine Works of this city for six hundred and forty dollars, for collection, it turned it over to one Frank T. Okell, one of its employees, to make the collection, and that such employee received from the debtor, the West Machine Works, four checks in varying amounts *575to make up the full amount of the debt; that each of said cheeks was drawn to the order of plaintiffs, under their firm name of Morris, Wheeler & Co., and that said employee wrongfully, and without its or…
2Cases cited3 opinions
- Gilbert v. . FinchNew York Court of Appeals · 1903
- Bank of Clarke County v. GilmanNew York Supreme Court · 1894
- Bank of America v. WaydellAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Ellis v. Jewett Rhodes Motor Co.California Court of Appeal · 1938