Schalk v. Kingsley

The opinion of the court was delivered by

Van Syckel, J.

This suit was brought by the plaintiff to recover damages which he sustained by injury done to premises upon which he held a mortgage.

The alleged tort was the removal of fixtures from the mortgaged premises,' which were appropriated by one Eogers, a subsequent mortgagee. The defendant, Kingsley, who is an attorney-at-law, was employed by Eogers, as his attorney in this matter. While acting in that capacity, Kingsley, on behalf of Eogers, employed workmen to remove the fixtures, and paid them for their labor.

Two questions are presented by…