Starin v. Fonda
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Nathan 0. Fonda, from an order of •the Supreme Court, made at the Fulton Special Term and entered in the office of the clerk of the county of Montgomery oh the 11th day of May, 1905, referring the issues in the action to a referee to hear and determine.
1Opinion of the Court
■Chester, J.:
We construe the complaint herein to be one upon a contract and ' not for a tort-. In it it is alleged that the defendant received of the plaintiff as his agent ” divers sums of money amounting to the sum of $9,232.96 for the “ use of the plaintiff.” It is also alleged that plaintiff demanded payment thereof from the defendant and that he has not paid any part thereof, and “ that there is now due, owing and unpaid ” from the defendant to the plaintiff by reason thereof said sum of $9,232.96, and judgment is demanded against the defendant for that sum, with interest besides costs.
Th…
2Cases cited1 opinion
- Kaminski v. ScheferAppellate Division of the Supreme Court of the State of New York · 1899