Grant's Case
New York Supreme Court
This was an application made by Mrs. Agnes Mary Grant to compel the defendant 0., an attorney of this court, to pay over to her moneys, the proceeds of drafts placed by her in his hands, early last summer, to invest upon bonds and mortgages. In July or August she determined to make a different use of the money, and as it was not then loaned on bond and mortgage, gave him notice that she should want it in October and November.
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This was an application made by Mrs. Agnes Mary Grant to compel the defendant 0., an attorney of this court, to pay over to her moneys, the proceeds of drafts placed by her in his hands, early last summer, to invest upon bonds and mortgages. In July or August she determined to make a different use of the money, and as it was not then loaned on bond and mortgage, gave him notice that she should want it in October and November. On the 1st of November she called upon him for it, and he refused to give it up to her, insisting that he had promised to loan it on bond and mortgage; and also that he…
1Opinion of the CourtBalcom, J.
This is a motion to compel 0., an attorney in this court, to pay over certain moneys in his hands to Mrs. Agnes *358Mary Grant; and the affidavits and papers read on the hearing have satisfied me that the moneys in question belonged to Mrs. Grant. They were received by Mr. C. on drafts delivered to him by Mrs. Grant; and there is no satisfactory evidence that they belonged to any other person.
The moneys were received by Mr. C. to invest on bond and mortgage for Mrs. Grant; but he has not. invested them on such security. He has loaned a portion thereof on a note, or in some other manner not…
2Cited by2 opinions
- In re FinckeNew York Court of Common Pleas · 1875
- Anderson v. BosworthSupreme Court of Rhode Island · 1887