Ketcham v. Rowland & Shafto, Inc.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term., Action by Henry L. Ketcham against Rowland & Shafto, Incorporated, and another. From an order denying plaintiff’s motion to vacate an order for his examination before trial, he appeals.
1Opinion of the CourtLehman, J.
The plaintiff alleges that in May, 1910, the sum of $600 due to him upon a participation agreement then owned and held by him in a certain mortgage was paid to the defendants for the plaintiff’s account and wrongfully converted by them. The answer of the defendant Johnson is somewhat inartistically drawn, and in a single separate defense he apparently seeks to set up, first, that the plaintiff is hot the real party in interest, and also that the defendants obtained the money and expended it under the directions of one Adam Frank, the real owner.
The defendant Johnson has obtained an order for…
2Cases cited2 opinions
- Alden v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1910
- Bock v. BockAppellate Division of the Supreme Court of the State of New York · 1909