Oppenheim v. Levine
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of New York, borough of Manhattan, second district, entered in favor of the defendant after trial by the court, and bringing up for review an order allowing the original defendant, Benjamin Matusow,'to deposit the money in controversy into court and to interplead Samuel Levine as defendant in his stead.
1Opinion of the CourtPage, J.
The plaintiff brought this action against one Benjamin Matusow to recover damages for the conversion of a check for $150 made by Samuel Levine, payable to the order of the plaintiff and delivered to the plaintiff by Levine. The plaintiff alleged in the complaint that he indorsed the check and delivered it to the defendant Matusow for the purpose of having Matusow take it to the bank, have it certified and return it to the plaintiff, which Matusow agreed to do, *48but, instead of returning the check to the plaintiff, Matusow received payment of the proceeds thereof and converted it to his own use…
2Cases cited2 opinions
- Bank of Long Island v. GregoryAppellate Division of the Supreme Court of the State of New York · 1909
- Midler v. LeseAppellate Terms of the Supreme Court of New York · 1904