Guttman v. Whitehall Improvement Corp.

Transit Packaging & Warehousing Corporation, a tenant of the defendant, owed $950.37 for rent and electricity. On February 8, 1950, Transit gave the defendant a check duly indorsed, which Transit had received from its customer, Aluminum Corporation of Canada. The check was drawn in the sum of $975, and the defendant returned the difference of $24.63 to Transit in cash. The check was paid to the defendant in due course. Some time later the plaintiff brought this action to establish that the defendant held the moneys received on the check in trust for the plaintiff.

The plaintiff has been…