People Ex Rel. Martin v. . Brown

This case is distinguishable from and not within the principles which were controlling in Murdock v. Aikin (29 Barb., 59); S.C. in Court of Appeals in 1863, opinion by DAVIES, J., andRoss v. Curtis (30 Barb., 238; 31 N.Y., 606). In each of those cases the defendants had demanded and received the moneys for the use and benefit of the bondholders, and had the same solely as their agents and trustees, and could not within well-settled principles be permitted — after having availed themselves of their agency, and affirmed the right of the bondholders, their principals and cestuis que trust, for…