Heidenreich v. Hirsh
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Heidenreioh, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of April, 1903, directing the plaintiff to serve a bill of particulars. The action was brought to recover moneys which the defendant was alleged to have collected while acting as the plaintiff’s agent, and which it was claimed that he converted to his own use.
1Per curiam
The defendant admits that he collected money as agent of the plaintiff, but denies that he collected the amount alleged; admits that he deducted.his compensation, but denies that he'had.,failed to. pay the balance due to the plaintiff. This conceded relation between the plaintiff and the defendant entitled the plaintiff to compel the defendant to account, and for that reason the plaintiff should not be required to specify the items of the moneys collected by the defendant for the plaintiff and for which the defendant has failed to account.
The order appealed from should be reversed, with ten…
2Cited by3 opinions
- Fickinger v. IvesAppellate Division of the Supreme Court of the State of New York · 1905
- United States Title Guaranty Co. v. BrownAppellate Division of the Supreme Court of the State of New York · 1914
- Sirota v. Abko Products, Inc.Appellate Division of the Supreme Court of the State of New York · 1950