Fidelity Trust Co. v. Baker

Emery, V. C.

Complainant’s case depends upon its right to follow funds procured from it by the fraud and forgery of one of the defendants, and which were paid over by this defendant to or for the benefit of the other defendants. The relevant substantial facts appearing by the pleadings and proofs are as follows:

In March or April, 1897, the defendant Byram, an attorney and solicitor, received from the defendant Madeline Baker, as guardian, $5,500 for investment upon a first mortgage upon land of the defendant Thompson.

This property was then encumbered by two mortgages, a *171first mortgage for…