Spellman v. Muehlfeld
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John II. Spellman, as receiver of The Muehlfeld & Haynes Piano Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 15th day of November, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office bn the 26th day of October, 1898, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover the proceeds received by the defendant from the sale of certain pianos alleged to have belonged to the Muehlfeld & Haynes Piano Company. The complaint charged that between the 20th day of August, 1895, and the 10th day of February, 1896, the Muehlfeld & Haynes Piano Company, á domestic corporation, of which the plaintiff, since said dates, has been appointed receiver, delivered to the defendant certain pianos to be sold by him as its agent; that he sold the pianos, received the proceeds, and neglected and refused to pay over the same,…
2Cases cited3 opinions
- National Ulster County Bank v. MaddenNew York Court of Appeals · 1889
- Hicks v. British America Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1897
- State National Bank v. WeedAppellate Division of the Supreme Court of the State of New York · 1899