Rudge v. Rundle
New York Supreme Court
On the 23d July, 1866, action was commenced against defendants as factors for the proceeds of a consignment sent them by plaintiff, which it was alleged had been fraudulently misapplied by defendants to their own use, in the course of their employment as agents and factors of the plaintiff.
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On the 23d July, 1866, action was commenced against defendants as factors for the proceeds of a consignment sent them by plaintiff, which it was alleged had been fraudulently misapplied by defendants to their own use, in the course of their employment as agents and factors of the plaintiff. The matter was tried before a referee; who found that the consignment was received by defendants as agents and factors of plaintiff, was sold by said defendants, and the money received by them, and that no “part of it, although demanded, has been paid by the defendants to the plaintiff; but they used the…
1Opinion of the CourtIngraham, P. J.
Two of the defendants were discharged in bankruptcy on 19th December, 1868. A judgment in this action was recovered on 11th June, 1869. Between December, 1868, and June, 1869, no application or attempt was made to set up the discharge, and the plaintiff was allowed to obtain judgment, without objection on this ground.
Whatever view might be taken of the question, whether the cause of action was one of a fiduciary character or otherwise, is not very material to the decision of this appeal. Under our practice and the provisions of the Code, a person acting as a factor has been charged with the…
2Cases cited5 opinions
- Mechanics' Bank v. HazardNew York Supreme Court · 1812
- Steward v. GreenNew York Court of Chancery · 1845
- Alcott v. AveryNew York Court of Chancery · 1846
- Cross v. HobsonNew York Supreme Court · 1804
- Post v. RileyNew York Supreme Court · 1820