Rothchild v. Schwarz
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment rendered in favor of the plaintiff in the Seventh District Municipal Court, borough of Manhattan.
1Opinion of the CourtFreedman, P. J.
The pleadings in this action were oral and the complaint was for the conversion of money collected by the defendant, as agent, “ acting in a fiduciary capacity,” and the defense was a general denial.
The plaintiff was the only witness sworn in the case, and from his testimony it appears that on December 23, 1898, the defendant having a bill against John Wanamaker of the city of Hew York, upon which he claimed there was a balance due to him of $122.66, asked the plaintiff to buy the account. The plaintiff advanced to the defendant the sum of $75 and took an assignment of the account, the…
2Cases cited3 opinions
- Farrelly v. HubbardNew York Supreme Court · 1895
- Herrmann Furniture & Plumbers' Cabinet Works v. HymanAppellate Terms of the Supreme Court of New York · 1899
- Casanges v. KaramAppellate Terms of the Supreme Court of New York · 1899
3Cited by5 opinions
- Watson v. Stockton Morris Plan Co.California Court of Appeal · 1939
- Canadian Industrial Alcohol Co. v. NelsonSupreme Court of Delaware · 1936
- Laurent v. Williamsburgh Savings BankNew York Supreme Court · 1954
- Vandelle v. RohanNew York Supreme Court · 1901
- Worley v. Calculagraph Co.Appellate Terms of the Supreme Court of New York · 1914