Rochester Distilling Co. v. O'Brien
New York Supreme Court
Action by the ¡Rochester Distilling Company against Martin C. O’Brien for conversion. A verdict for plaintiff was directed, and defendant moves for a new trial on a case and exceptions ordered to be heard in the first "instance at general term, as provided by Code Civil Proc. § 1000.
1Opinion of the CourtDwight, P. J.
The action was against an attorney at law to recover damages for the conversion of money of the plaintiff collected and received by the defendant as such attorney. The complaint contained all the allegations necessary to bring the case *282within the provisions of subdivision 2, § 549, Code Civil Proc., rendering the defendant liable to- be arrested in the action. The-answer of the defendant, besides a denial of some of the allegations of the complaint, pleaded a counterclaim for the value of professional services rendered by him to the plaintiff “in prosecuting a certain suit, and in counseling…
2Cases cited3 opinions
- Bowling Green Savings Bank v. . ToddNew York Court of Appeals · 1873
- Bolles v. DuffNew York Supreme Court · 1869
- Rogers v. KingNew York Supreme Court · 1873
3Cited by10 opinions
- Britton v. . FerrinNew York Court of Appeals · 1902
- Davis v. AikinNew York Supreme Court · 1895
- Scognamillo v. PassarelliAppellate Division of the Supreme Court of the State of New York · 1913
- Fryer v. WiedemannCourt of Appeals of Kentucky · 1912
- Dayton Brass Castings Co. v. GilliganDistrict Court, S.D. Ohio · 1920
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