Prentiss v. . Nichols
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 22, 1882, which affirmed a judgment in favor of defendant, entered upon a verdict directed by the court.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 22, 1882, which affirmed a judgment in favor of defendant, entered upon a verdict directed by the court. This action was brought by plaintiff as receiver of the Illuminated Tile Company, a manufacturing corporation, to recover a sum alleged to have been collected by defendant as president of said corporation upon a note owned by it, and to have been converted by him to his own use. It appeared that the defendant formerly held a demand against the corporation of which…
1Opinion of the CourtFinch, J.
A verdict for the defendant was rendered by the jury under the direction of the court. There was no controversy about the material facts. When the Nichols judgment was paid, with the permission of the court, and the order which appointed Felton receiver was vacated for that purpose, the tile company was at liberty to pay its debt subject only to statutory restrictions. It did pay it by turning out to the judgment creditor the note of Bartlett, Robbins & Co., for $10,550, which represented their indebtedness to the tile company. The documentary evidence shows that fact, and the testimony of…
2Cited by1 opinion
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