McClure v. . Levy
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 15, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court, and also affirmed an order denying defendant’s motion for a ne;w trial. The facts, so far as material, are stated in the opinion.
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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 June 15, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court, and also affirmed an order denying defendant’s motion for a ne;w trial. The facts, so far as material, are stated in the opinion. The complaint not only failed to allege, but the plaintiff wholly failed to establish, a cause of action either for moneys received by defendant in a ■fiduciary capacity and misappropriated by him or for moneys wrongfully withdrawn from…
1Opinion of the CourtBartlett, J.
This is an appeal from a judgment and order of the General Term, first department, affirming judgment on a directed verdict for plaintiff and affirming order denying motion for a new trial.
The plaintiff, as receiver of the Life Union, an insolvent insurance company conducted on the assessment plan, sued .to recover of defendant the sum of $10,141.06 of the funds of the company alleged to have been embezzled and converted by him while its president.
At the close of the evidence each party asked for a directed verdict, so that the facts móst favorable to the plaintiff must be taken as proved.
It…
2Cited by5 opinions
- McClure v. . LawNew York Court of Appeals · 1899
- McClure v. LawAppellate Division of the Supreme Court of the State of New York · 1897
- McClure v. WilsonAppellate Division of the Supreme Court of the State of New York · 1902
- Bray v. Grand Lodge Knights of PythiasNew York Supreme Court · 1923
- McClure v. . TraskNew York Court of Appeals · 1899