In re Shanley
New York Supreme Court
■ Motion for an order directing defendant to pay over moneys.
1Opinion of the CourtGiegerich, J.
Hone of the cases cited 'in support of the petition is similar in its facts to the case in hand. In Massachusetts Mutual Life Ins. Co. v. Carpenter, 49 N. Y. 668, the moneys for which the defendant was sought to be Reid liable had been lost through the embezzlement of a clerk selected and employed by the defendant. Heither is the case like Matter of McGuinness, 69 App. Div. 606) where also the loss occurred through the fraud of a clerk employed by the respondents. In this, case the loss did not occur by reason of the wrongdoing of any one selected by the respondent, but solely through the…
2Cases cited1 opinion
- In re the Application of McGuinnessAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- Reaves v. Domestic Finance Co., Inc.Supreme Court of Florida · 1934
- Hummer v. Wagner Supply Co.Supreme Court of Oklahoma · 1929