Hillis v. Bleckert
New York Supreme Court
Appeal from special term, Hew York county. Action by Robert Hillis against William Bleckert, to recover money received as agent. Plaintiff procured an order for the arrest of defendant, which order was, on motion of defendant, vacated, on the ground that the complaint contained no allegation authorizing an arrest in a civil action. Prom the order vacating the order of arrest plaintiff appeals.
1Opinion of the CourtBrady, J.
The ground of arrest is stated in the order to be “for money received in a fiduciary capacity, and converted to his own use, and fraudulently misapplied.” In the undertaking given upon the application for the order the charge is for money had and received in a fiduciary capacity. The facts and circumstances constituting the demand of the plaintiff are set out in the affidavit, also presented when the attachment was applied for, but there is no'such charge directly made. It appears from that paper that the defendant was employed as plaintiff’s agent to sell certain goods on commission; it…
2Cited by9 opinions
- Moffat v. FultonNew York Supreme Court · 1890
- Genin v. SchwenkNew York Supreme Court · 1891
- Bartlett v. SutoriusNew York Supreme Court · 1889
- Flatow v. Von BremsenCity of New York Municipal Court · 1890
- Heller v. MangelsAppellate Division of the Supreme Court of the State of New York · 1899
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