Gelman v. Joseph P. Day, Inc.

Judgment reversed upon the law and the facts and new trial granted, costs to appellant to abide the event. The defendant corporation, the auctioneer, was a stakeholder of the amount deposited. (See Merritt v. Archer, 163 App. Div. 648.) That it was regarded as a stakeholder by its officers and agents is apparent from the circumstances. When, after the sale, plaintiff went to its office he was informed that he should make the cheek payable to defendant. In reply to his *608question he was informed that defendant was responsible for the amount until plaintiff received the deed. The printed receipt…