Manhattan Commercial Co. v. . Paul
New York Court of Appeals
Appeal from a judgment entered December 4, 1913, upon an order of the Appellate Division of the Supreme Court in the second judicial department overruling defendant’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for plaintiff upon the verdict directed by the trial court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment entered December 4, 1913, upon an order of the Appellate Division of the Supreme Court in the second judicial department overruling defendant’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for plaintiff upon the verdict directed by the trial court. The nature of the action and the facts, so far as material, are stated in the opinion. The assignments made by Vermilye & Power to plaintiff of the claims against the United States government (the proceeds of which claims it is…
1Opinion of the CourtCollin, J.
The action is to recover from the defendant the sum of the damages sustained by the plaintiff through the conversion by defendant of moneys paid to him as the agent of the plaintiff. The trial justice directed a verdict hi favor of the plaintiff and ordered that the defendant’s exceptions be heard in the first instance by the Appellate Division and that judgment be suspended in the meantime. The Appellate Division overruled the exceptions, denied the motion for a new trial and ordered judgment upon the verdict.
The determinative facts may be briefly stated: The corporation of Vermilye & Power…
2Cases cited4 opinions
- Goodman v. NiblackSupreme Court of the United States · 1881
- Spofford v. KirkSupreme Court of the United States · 1878
- National Bank of Commerce v. DownieSupreme Court of the United States · 1910
- York v. . CondeNew York Court of Appeals · 1895
3Cited by5 opinions
- United States v. Certain LandsDistrict Court, S.D. New York · 1943
- In re Hudford Co. of New York, Inc.Court of Appeals for the Second Circuit · 1919
- Levison v. . Illinois Surety Co.New York Court of Appeals · 1918
- Rodd v. Kamen Products Co.Appellate Division of the Supreme Court of the State of New York · 1949
- Standard Sand & Gravel Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1916