Gordon v. . Hostetter
New York Court of Appeals
Appeal from the Supreme Court. The Plaintiffs were merchants of the city of Oswego, and the action was to recover damages for the conversion of money, embezzled by the Defendant, as their clerk.
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Appeal from the Supreme Court. The Plaintiffs were merchants of the city of Oswego, and the action was to recover damages for the conversion of money, embezzled by the Defendant, as their clerk. The complain alleged that, between the month of September, 1860, and the succeeding January, the Defendant wrongfully took and converted to his own use certain money, the property of the Plaintiffs, consisting of bank-bills, and of gold and silver coin, of the amount and value of $90, to the Plaintiffs’ damage one hundred dollars, for which they demand judgment. The answer denied each of these…
1Opinion of the CourtPorter, J.
The action was not for the recovery of the specific money embezzled. It was to obtain damages for the Defendant’s wrong in taking from the Plaintiffs, and converting to his own use, coin and bills of a specific value and amount, which were alleged and proved to be their property. By taking and retaining their money, he put it out of their power to distinguish it from other like coin and bills; and while he admitted the amount taken, he claimed that he was not answerable for the wrong until they had so described what he had embezzled as to enable him to identify it. The Court not only…
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