Jones v. Smith
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of Hew York, borough of Manhattan, seventh district, in favor of the plaintiff, after a trial before the court without a jury.
1Opinion of the CourtGiegerich, J.
The defendant is a real estate broker. In 1905 he secured for the plaintiff a loan of $1,000 on certain property belonging to the plaintiff, situate in the borough of the Bronx, Hew York city. By agreement between the parties the defendant retained out of this sum $481.85 with which he was to pay certain taxes and assessments then due on the property. These he never paid. After discovering this fact and making various demands for the return of this money, which was refused, the plaintiff brought this action in conversion.
The defendant urges, in the first place, that conversion will only lie…
2Cases cited7 opinions
- Kinney v. . KiernanNew York Court of Appeals · 1872
- Britton v. . FerrinNew York Court of Appeals · 1902
- Reynolds v. ShulerNew York Supreme Court · 1826
- Jackson v. MooreAppellate Division of the Supreme Court of the State of New York · 1904
- Richard v. . WellingtonNew York Court of Appeals · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Haigler v. DonnellyCalifornia Supreme Court · 1941