St. Paul Hotel Co. v. Segrave
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the City Court of the city of New York, rendered in favor of the plaintiff, and from an order denying a motion for a new trial
1Opinion of the CourtMacLean, J.
That the defendant expressly agreed to collect outstanding accounts of the plaintiff, when, as receiver, he took possession of certain mortgaged premises in the foreclosure action of Derby v. Brandt, is disputed, with evidence sufficient, if credited, to support a finding to that effect; but such a finding is not essential, in view of the fact that it is undisputed that he collected a sum certain of such accounts and was entitled to certain deductions therefrom. He thus became liable to the plaintiff for the latter’s moneys collected (Schanz v. Martin, 37 Misc. Rep. 492), not as receiver; for…
2Cases cited1 opinion
- Schanz v. MartinAppellate Terms of the Supreme Court of New York · 1902