Aubery v. . Fiske
New York Court of Appeals
Appeal from the Supreme Court. The action was against the Defendant, a commission merchant in Hew York, for the proceeds if property received by him for sale from E. T. Aubrey & Co., he assignors of the Plaintiff. The trial resulted in a judgment in favor of the Plaintiff for ¡2,980.07, which was affirmed at the General Term in the First 'udicial District.
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Appeal from the Supreme Court. The action was against the Defendant, a commission merchant in Hew York, for the proceeds if property received by him for sale from E. T. Aubrey & Co., he assignors of the Plaintiff. The trial resulted in a judgment in favor of the Plaintiff for ¡2,980.07, which was affirmed at the General Term in the First 'udicial District. The only question made on the appeal to this )ourt, is as to the correctness of an interlocutory order, striking ut portions of the answer as irrelevant. It was alleged in the complaint, that in 1862 the Defendant reeivod from E. T. Aubrey…
1Opinion of the CourtPorter, J.
The property was received from Aubrey & Co. by the Defendant, who converted it into money as their agent, and now proposes to detain the proceeds from his principal. The pretext for converting the money to his own use is, that it equitably belongs to Sturgis & Son, as between them and the parties from whom he received it. He sets up this claim of his own motion, after rendering an account of sales to his principals, anc seeks to excuse his breach of duty by alleging outstanding equities in which he has no concern. He pays the money to neithei party; does not offer to pay it into court; does…
2Cases cited3 opinions
- City Bank of New Haven v. . PerkinsNew York Court of Appeals · 1864
- Bates v. StantonThe Superior Court of New York City · 1852
- Laverty v. . MooreNew York Court of Appeals · 1865
3Cited by3 opinions
- Pulliam v. BurlingameSupreme Court of Missouri · 1883
- Embry v. GalbreathTennessee Supreme Court · 1903
- Carnegie Trust Co. v. First National BankAppellate Division of the Supreme Court of the State of New York · 1913