Legal Opinion

Lorillard Fire Insurance v. Meshural

The Superior Court of New York City

Decided February 15, 1868PublishedCited by 4 opinions

The cause of action in this case, as set forth in the complaint, is two fold; first, that the defendant as agent of the plaintiffs, received from the plaintiffs a certain sum of money to pay the expenses of the plaintiff at the city of Chicago, but nevertheless to hold the same until actually applied to such payment, subject to the.control and direction of the plaintiffs; second, that the defendant as agent of the plaintiffs, received certain moneys of the plaintiffs to be…

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The cause of action in this case, as set forth in the complaint, is two fold; first, that the defendant as agent of the plaintiffs, received from the plaintiffs a certain sum of money to pay the expenses of the plaintiff at the city of Chicago, but nevertheless to hold the same until actually applied to such payment, subject to the.control and direction of the plaintiffs; second, that the defendant as agent of the plaintiffs, received certain moneys of the plaintiffs to be remitted by him to the plaintiffs. That of the moneys so received by the defendant to pay expenses, but subject to the…

1Opinion of the Court

Jones, J,

The cause of action as stated in the complaint is clearly for money received by an agent in a fiduciary capacity, which the agent neglects to pay over. It will therefore be perceived that the self same facts which con-' etitute this cause of action, also authorize an arrest under subdivision 2 of section 179 of the Code, and in fact are the foundation upon which the order of arrest is predicated. In such cases it is the law of this court, settled by repeated general term adjudications, that the order of arrest will not be discharged unless the affidavits clearly show such a state of…

2Cases cited1 opinion

  1. Mitchell v. BunchNew York Court of Chancery · 1831

3Cited by4 opinions

  1. Patterson v. Lumberman's Supply Co.Louisiana Court of Appeal · 1936
  2. Loeb v. JohnsonLouisiana Court of Appeal · 1962
  3. Angelo & Son, Inc. v. RAPIDS BANK & TRUST CO.Louisiana Court of Appeal · 1996
  4. Flournoy v. Robinson-Slagle Lumber Co.Supreme Court of Louisiana · 1932

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