Sagone v. Mackey
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Concetta Sagone, as administratrix, from an order and determination of the Appellate Term of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 3d day of November, 1915, reversing a judgment of the Municipal Court of the City of New York, borough of Manhattan, ninth district, in plaintiff’s favor, and granting a new trial.
1Opinion of the Court
Smith, J.:
The action is to recover trust funds placed in the hands of the defendant, who was the general agent of the Illinois Surety Company, and by him misapplied and converted to his own use. The defendant’s answer is that the moneys were received by him as such agent and that his principal is liable for the fund and that he is not.
The Illinois Surety Company is a foreign corporation doing business in this State and this defendant was their general agent. He was doing business in the name of Mackey & Abbott. Abbott, who was formerly a member of the firm, had died, so that the name as used…
2Cases cited5 opinions
- Duffy v. DuncanNew York Supreme Court · 1860
- In re StaffordNew York Supreme Court · 1851
- Summers v. . ReynoldsSupreme Court of North Carolina · 1886
- Morris v. WallaceSupreme Court of Pennsylvania · 1846
- McAllister v. CommonwealthSupreme Court of Pennsylvania · 1858