Blumberg v. Taggart

The undeniable and indisputable fact is that solely through the acts of its agent defendant received funds which he held charged with a constructive trust for the benefit of plaintiff. Because of that fact, I think that the instant case is not controlled by the rules announced by the majority, but by a well settled exception to such rules which compels decision in favor of plaintiff.

The rule, which I think is applicable here, is well settled by at least 17 of our decisions, of which the majority takes no notice, and by the overwhelming weight of authority. It is that a principal is chargeable…