Bogert v. Egerton

(Merrick, C. J., absent.) The evidence satisfies us that the defendant received and disbursed and collected money for Wilkinson in a highly confidential capacity. He styled himself “Treasurer” of a company to which Wilkinson belonged, and whose members were interested in a single joint adventure.

On the 22d October, 1850, he stated the balance due by him in this fiduciary capacity, to Wilkinson, as the final result of the adventure, at the sum of $685, for which amount, with interest, the District Judge gave judgment in favor of the plaintiffs, who are assignees of Wilkinson.

But, instead of…