Lewis v. Shaw
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph Lewis, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Lewis on the 14th day of May, 1906, upon the dismissal of the complaint by direction .of the court after a trial at the Lewis Trial Term,, and also from an. order entered in said clerk’s office on the 14tli day of May, 4906, granting thé defendant’s motion for a nonsuit.
1Opinion of the Court
Williams, J.:
The judgment and order should be affirmed, with costs.
The action was brought for the conversion of $150 in money. The complaint alleged a delivery of the money by plaintiff to defendant for safe-keeping, with an agreement to keep safely and return on request, a request and demand and refusal, and, therefore, a wrongful and unlawful conversion. The answer denied' the allegations of the complaint and set up a discharge of defendant in bankruptcy. The reply alleged that the money was held by defendant in a fiduciary capacity when it was converted, and, therefore, the discharge in…
2Cases cited8 opinions
- Neal v. ClarkSupreme Court of the United States · 1878
- Crawford v. BurkeSupreme Court of the United States · 1904
- Palmer v. . HusseyNew York Court of Appeals · 1882
- Hennequin v. . ClewsNew York Court of Appeals · 1879
- Tindle v. . BirkettNew York Court of Appeals · 1905
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3Cited by10 opinions
- Hubbard v. Bibb Brokerage Co.Court of Appeals of Georgia · 1931
- Walker Bros. v. Capital City Grocery Co.Court of Appeals of Georgia · 1922
- In re KalkDistrict Court, N.D. New York · 1921
- State ex rel. Wheatley v. BeckIndiana Supreme Court · 1911
- Crow v. McCullenSupreme Court of North Carolina · 1952
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