Legal Opinion

Moffatt v. . Fulton

New York Court of Appeals

Decided May 3, 1892PublishedCited by 25 opinions

Appeal from judgment of the General Term of the Supreme-Court in the first judicial department, entered upon an order-made the first Monday of April, 1890, which modified and affirmed as modified, a judgment in favor of defendant, entered upon a verdict directed by the court. This was an action to recover the proceeds of two promissory notes belonging to the plaintiff, claimed to have been received by the defendants in a fiduciary capacity and converted to their own use.

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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 the first Monday of April, 1890, which modified and affirmed as modified, a judgment in favor of defendant, entered upon a verdict directed by the court. This was an action to recover the proceeds of two promissory notes belonging to the plaintiff, claimed to have been received by the defendants in a fiduciary capacity and converted to their own use. In the first count of the complaint it is alleged that on the 15th of November, 1886, the plaintiff, a manufacturer of New…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The Code provides that a defendant may be arrested in certain actions and, among others, in an action brought to recover damages for "a personal injury; an injury to property, including the wrongful taking, detention or conversion of personal property; a breach of promise to marry; misconduct or neglect in office or in professional…

2Cases cited4 opinions

  1. Lounsbury v. . PurdyNew York Court of Appeals · 1859
  2. Goodrich v. DunbarNew York Supreme Court · 1854
  3. Republic of Mexico v. de ArangoizThe Superior Court of New York City · 1856
  4. Moffat v. FultonNew York Supreme Court · 1890

3Cited by25 opinions

  1. Doris Filner v. Samuel Shapiro and Southwestern Alloys CorporationCourt of Appeals for the Second Circuit · 1980
  2. Britton v. . FerrinNew York Court of Appeals · 1902
  3. Glover v. National Bank of CommerceAppellate Division of the Supreme Court of the State of New York · 1913
  4. Lampman v. BruningSupreme Court of Iowa · 1903
  5. R. v. Archawski, Libellants-Appellees v. Basil Hanioti Etc.Court of Appeals for the Second Circuit · 1956

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