Legal Opinion

Platt v. Bonsall

Appellate Division of the Supreme Court of the State of New York

Decided February 17, 1911Published

Appeal by the defendants, Seymour W. Bonsall and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 4th day of Hay, 1910, upon the verdict of a jury for $13,458.71, and also from an order entered in said clerk’s office on the 7th day of Hay, 1910, denying the defendants’ motion for a new trial made upon the minutes.

1Opinion of the Court

Thomas, J.:

The plaintiff has recovered judgment for damages for malicious prosecution of an action brought by the Innovation Trunk Company at the instance of Bonsall for the alleged conversion of money by Platt. Bonsall, a manufacturer of trunks, employed Platt in 1899, and in March, 1900, transferred his business to the Innovation Trunk Company, of which he was sole owner of the stock save two qualifying shares issued to Platt and another. Platt was president, treasurer and a director, and came into entire active charge of the business, reporting to and advising with Bonsall. The parties…

2Cases cited4 opinions

  1. Burt v. . SmithNew York Court of Appeals · 1905
  2. Willard v. . Holmes, Booth HaydensNew York Court of Appeals · 1894
  3. Industrial & General Trust, Ltd. v. TodNew York Court of Appeals · 1902
  4. Innovation Trunk Co. v. PlattAppellate Terms of the Supreme Court of New York · 1907

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