Chu Pawn v. Irwin
New York Supreme Court
Appeal from circuit court, Hew York county. Action by Chu Pawn and others against Robert J. Irwin. From a judgment entered on a verdict in favor of plaintiffs, defendant appeals.
1Opinion of the CourtO’Bbten, J.
This action was brought to recover certain moneys obtained by the defendant from the plaintiffs, in a fiduciary capacity, upon statements that the money was to be used to pay customhouse duties, etc. The answer admitted the receipt of the various sums, except one small item, but claimed that the defendant had disbursed more than the amount credited in the complaint, and also set up affirmatively a cause of action against the plaintiffs upon a written contract, by the terms of which, among others, the defendant was to receive 30 per cent, upon all reductions in duties and money saved on duties…
2Cases cited2 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Bryce v. . Lorillard Fire Ins. Co.New York Court of Appeals · 1873
3Cited by4 opinions
- Fivey v. Pennsylvania RailroadSupreme Court of New Jersey · 1902
- Ellis v. KeelerAppellate Division of the Supreme Court of the State of New York · 1908
- Waldorf v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1897
- Davenport v. HolbertNew York Supreme Court · 1928