Genin v. Schwenk
New York Supreme Court
Appeal from special term, New York county. Action by Frank B. Genin against Samuel K. Schwenk for fraudulent conversion of notes. From an order vacating an order of arrest defendant appeals. For prior report, see 16 N. Y. Supp. 432.
1Opinion of the CourtVan Brunt, P. J.
An order of arrest having been granted in this action upon the ground of wrongful conversion of personal property and damages for the misapplication thereof, the same having been received as a factor or agent in a fiduciary capacity, a motion was made to vacate the said order upon the complaint, affidavit, and papers upon which the same was granted. The ground, apparently, upon which said motion was founded was that the complaint did not explicitly aver that the defendant was sought to be charged as having received the money in a fiduciary capacity. It has already been held by this court in…
Also in this document: Concurrence.
2Cases cited2 opinions
- Hillis v. BleckertNew York Supreme Court · 1889
- Bartlett v. SutoriusNew York Supreme Court · 1890
3Cited by1 opinion
- Heller v. MangelsAppellate Division of the Supreme Court of the State of New York · 1899