Dunham v. Cox
Supreme Court of Connecticut
Action for the conversion of a sum of money entrusted to the defendant for payment to a third person, brought to the Superior' Court in Hartford County where a demurrer to the substitute' complaint was overruled (Shim-way, J.) and the cause was afterward tried to the jury before Curtis, J.; verdict and judgment for the plaintiff, and appeal by the defendant.
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Action for the conversion of a sum of money entrusted to the defendant for payment to a third person, brought to the Superior' Court in Hartford County where a demurrer to the substitute' complaint was overruled (Shim-way, J.) and the cause was afterward tried to the jury before Curtis, J.; verdict and judgment for the plaintiff, and appeal by the defendant. The allegations of the complaint state the following case: The defendant represented to the plaintiff that he, the defendant, was the owner of a piece of land on which one Stevens held a mortgage amounting, with interest, to $1,850. The…
1Opinion of the CourtThayer, J.
The demurrer was properly overruled. The claims are that cash, or money in general, without a particular description or means of identification, is not such a specific article of property as will sustain an action for the conversion thereof; and that it appears from the complaint that all title to, or property in, the.cash delivered to the defendant, passed from the plaintiff at the time of delivery, so that there could have been no wrongful conversion thereof. If it were to be conceded that the first claim is correct, it would not be essential to a good complaint for conversion of the money,…
2Cases cited3 opinions
- Spencer's Appeal From ProbateSupreme Court of Connecticut · 1905
- Vivian's Appeal From ProbateSupreme Court of Connecticut · 1901
- Mills v. Swords Lumber Co.Supreme Court of Connecticut · 1893
3Cited by9 opinions
- Casalo v. ClaroSupreme Court of Connecticut · 1960
- Deming v. Nationwide Mutual InsuranceSupreme Court of Connecticut · 2006
- Sallies v. JohnsonSupreme Court of Connecticut · 1911
- Sharkey v. Burlingame Co.Oregon Supreme Court · 1929
- State v. JourneySupreme Court of Connecticut · 1932
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