Bacon v. Grossmann
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Nathaniel T. Bacon, from an order of the Supreme Court., made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of November, 1903, modifying a judgment in favor of the plaintiff, entered in said clerk’s office on the 22d day of October 1903.
1Opinion of the Court
Van Brunt, P. J. :
As appears by the clerk’s minutes, this action was tried by the court and a jury, and a verdict rendered by direction of the court in favor of the plaintiff. Thereupon the judgment roll was made *205up by the clerk, the postea in which contained recitals that it appeared from the record that this action was brought to recover money had and received by the defendant to the use of the plaintiff and his assignors, and it being alleged in the complaint that the money sued for was received by the defendant in a fiduciary capacity, and that he converted the same to his own use, and it…
2Cases cited1 opinion
- Moffatt v. . FultonNew York Court of Appeals · 1892
3Cited by4 opinions
- Fenton v. DuckworthAppellate Division of the Supreme Court of the State of New York · 1909
- White v. DennyAppellate Division of the Supreme Court of the State of New York · 1939
- Wilson & Co. v. HershkowitzAppellate Terms of the Supreme Court of New York · 1937
- Lisbin v. CohenAppellate Division of the Supreme Court of the State of New York · 1955