Legal Opinion
Asher v. Herman
New York Supreme Court
Decided March 8, 1966PublishedCited by 10 opinions
1Opinion of the CourtJ. Irwin Shapiro, J.
The question posed for decision in this case is who, as between the plaintiffs (vendees) and the defend*476ants (vendors) must suffer the loss of moneys deposited by the vendees under a real estate contract with an escrowee who has converted the funds to his own use.
Pursuant to the terms of the contract a deposit on account of the purchase price was left with one Irving E. Dickman, the vendors’ attorney, who unquestionably embezzled the funds. In addition to the vendors he is named as a defendant in this action. Although he interposed an answer to the complaint, he did not appear on the trial…
2Cases cited9 opinions
- Farago v. BurkeNew York Court of Appeals · 1933
- Hildebrand v. BeckCalifornia Supreme Court · 1925
- Cradock v. CooperDistrict Court of Appeal of Florida · 1960
- Bardach v. Chain Bakers, Inc.Appellate Division of the Supreme Court of the State of New York · 1942
- Mechanics' National Bank of Providence v. JonesAppellate Division of the Supreme Court of the State of New York · 1902
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3Cited by10 opinions
- 99 Commercial Street, Inc. v. GoldbergDistrict Court, S.D. New York · 1993
- Cervino v. KonskerAppellate Division of the Supreme Court of the State of New York · 1983
- Helman v. DixonCivil Court of the City of New York · 1972
- GE Capital Mortgage Services, Inc. v. AventCourt of Appeals of North Carolina · 1994
- 176 East 123rd Street Corp. v. FrangenCivil Court of the City of New York · 1971
5 more not listed; retrieve them via the Exa API.