Jerome v. Morgan
New York Court of Common Pleas
Appeal from a judgment of the General Term of the City Court of New York reversing a judgment of that court entered upon the verdict of a jury and granting a new trial. The facts are stated in the opinion.
1Opinion of the Court
Charles P. Daly, Chief Justice.
I think the reversal of the judgment by the General Term was erroneous. The testimony being in several material particulars conflicting, we must assume that the jury believed the plaintiff’s testimony, which was that the defendants acted as brokers in *226the buying and selling of corn on the plaintiff’s account; and when the account was settled, that the plaintiff was entitled to the sum of $2,999.34; which having been received by the defendants in a fiduciary capacity, they could, in an action to recover it, have been arrested if they did not, upon demand, pay it…
2Cases cited1 opinion
- Alliance Insurance v. ClevelandNew York Supreme Court · 1856
3Cited by1 opinion
- Clark v. AndrewsNew York Court of Common Pleas · 1892