Legal Opinion

General Fireproof Construction Co. v. Butterfield

Appellate Division of the Supreme Court of the State of New York

Decided March 8, 1911PublishedCited by 5 opinions

Appeal by the plaintiff, the General Fireproof Construction Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 29th day of June, 1910, pursuant' to an order made at the Erie Special Term on the 23d day of June, 1910, reversing a judgment of the City Court of Buffalo, and also from the said order upon which the judgment appealed from was entered.

1Opinion of the Court

Williams, J.:

The judgment and order should be reversed and the judgment of the City Court affirmed, with costs in this court and the Special Term.

The action was brought to recover moneys collected by defendant, an attorney for the plaintiff, his client, which he refused to pay over and converted to his own use. The City Court rendered judgment for the plaintiff for the amount claimed, with interest and costs. An appeal was taken to the Supreme Court where the Special Term reversed the judgment and dismissed the complaint, upon the ground (as stated in the opinion) that the evidence showed…

2Cases cited2 opinions

  1. Eames Vacuum Brake Co. v. . ProsserNew York Court of Appeals · 1898
  2. Gribble v. Raymond Van Praag Supply Co.Appellate Division of the Supreme Court of the State of New York · 1908

3Cited by5 opinions

  1. Ashton v. SkeenUtah Supreme Court · 1935
  2. Egan v. CrowtherCalifornia Court of Appeal · 1925
  3. Wolfe v. MackNew York Supreme Court · 1913
  4. Locomobile Co. of America v. NicholsAppellate Division of the Supreme Court of the State of New York · 1915
  5. Wolfe v. MackNew York Supreme Court · 1913

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