Cunard v. Francklyn
New York Supreme Court
Appeal from circuit court, New York county. Action for conversion, by Bache Cunard against Charles G-. Francklyn. Plaintiff appeals from an order denying his motion to preclude defendant from giving certain evidence.
1Opinion of the CourtBartlett, J.
This is an action for conversion. The defendant, in his answer, denies the alleged conversion, and avers, among other things, that securities and cash to a large amount were left in his hands by the plaintiff, under an arrangement by which the defendant was to invest, use, and employ the same in such transactions and enterprises as he should think best for the joint account and risk of the parties. He further avers that many heavy losses were incurred in the course of such transactions and enterprises, which were paid out of the plaintiff’s property, and with his knowledge; that the defendant…
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