Harrington v. Green — 107 N.Y.S. 403

Majority

p. 403

HARRINGTON v. GREEN.

(Supreme Court, Appellate Term.

November 29, 1907.)

Headnote

Monet Received—Geounds.

Where defendant received a check, knowing that part of the amount was intended for plaintiff, but failed to pay it over, it may be recovered in an action.

[Ed. Note.—Eor cases in point, see Cent. Dig. vol. 35, Money Received, § 31.]

p. 404

Appeal from Municipal Court, Borough of Manhattan, Eighth District.

Action by John P. Harrington against John K. Green. Judgment for defendant, and plaintiff appeals. Reversed.

Argued before GIDDERSLEEVE, P. J., and LEVENTRITT and ERLANGER, JJ.

Hippolyte A. Geney, for appellant.

Morgan & Mitchell (Arthur L. Marvin, of counsel), for respondent.

The defendant knew, when he received the check for $372 from the Bromonia Company, that $82.44 thereof was intended for the plaintiff. He neglected to pay it over, and he should be required in this action, brought to recover that sum, to respond accordingly.

Judgment reversed, and new trial ordered, with costs to appellant to abide event.