New England Merchandise Co. v. Miner
Supreme Court of Connecticut
Action to recover moneys alleged to have been unlawfully appropriated and converted by the defendant to his own use, as well as damages for false entries, brought to and tried by the Superior Court in New Haven county, Elmer, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff. The complaint contained two counts.
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Action to recover moneys alleged to have been unlawfully appropriated and converted by the defendant to his own use, as well as damages for false entries, brought to and tried by the Superior Court in New Haven county, Elmer, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff. The complaint contained two counts. The first charged that the defendant, as the former treasurer of the plaintiff corporation, unlawfully took and converted to his own use the moneys of the corporation. The second, that having made such unlawful conversion, he, in order to conceal the…
1Opinion of the CourtPrentice, J.
The appeal fails to assign any error of law. Five reasons of appeal are stated. The first is general and therefore not entitled to consideration. General Statutes, § 802. The remainder complain because the court, upon the subordinate facts found, refused to find an appropriation of funds and intentionally false bookkeeping. The situation admits of no possible error of law. The conclusions reached by the court are conclusions of fact involving no possible misconception or misapplication of principles of law.
The second and third paragraphs of the first count were by reference incorporated into…
2Cited by2 opinions
- Decker v. MannSupreme Court of Connecticut · 1907
- Birchard v. City of New BritainConnecticut Appellate Court · 2007