Johnson v. Whitman
New York Supreme Court
Motion to vacate order of arrest. This was an action for fraudulent conversion of the proceeds of certain uncurrent money sent by the plaintiffs to the defendants, with instructions to convert the same into bankable money, and remit by draft to A. Bell & Sons, bankers, in New York City. The defendants acknowledged the receipt of the money by letter dated June 18, 1859, and agreed to remit as directed.
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Motion to vacate order of arrest. This was an action for fraudulent conversion of the proceeds of certain uncurrent money sent by the plaintiffs to the defendants, with instructions to convert the same into bankable money, and remit by draft to A. Bell & Sons, bankers, in New York City. The defendants acknowledged the receipt of the money by letter dated June 18, 1859, and agreed to remit as directed. They did not remit; but soon after failed in business, and made an assignment for the benefit of their creditors, and notified the plaintiffs thereof by letter dated June 28, 1859. Also, that…
1Opinion of the CourtBrady, J.
The plaintiffs sent to the defendants a package of bank notes, issued by the banks of Cleveland, Ohio, of the value of two thousand four hundred dollars, with instructions, per letter, directing them to send their draft therefor to Abrm. Bell & Sons.
The defendants advised the plaintiffs of the receipt of the money and instructions, and in the letter of advice stated that they had remitted, pursuant to instructions.
*113They did not, however, remit, as stated, or account for the money, but used it for their own purposes.
It appears that the parties, prior to that remittance, had business…
2Cases cited2 opinions
- Blason v. BrunoNew York Supreme Court · 1861
- City Bank v. LumleyNew York Court of Common Pleas · 1865