Seybold v. Bostlemann — 46 N.Y. St. Rep. 246

Majority

p. 246

Ella M. Seybold, Resp’t, v. William Bostlemann, App’lt.

(New York Superior Court, General Term,

Filed May 2, 1892.)

Headnote

Money paid.

The right of a party to recover moneys advanced at the request of defendant, to he delivered to his agent, is not affected by the fact that some of such moneys were not delivered to the agent, but were disbursed by plaintiff at the agent’s request.

Appeal by defendant from judgment entered on verdict of jury and from order denying motion for a new trial.

L. Laflin Kellogg, for app’lt; A. G. N. Vermilya, for resp’t.

The action was for the recovery of an amount of money advanced by the plaintiff at the request of the defend

p. 247

ant for his benefit, to be handed to Richard Seybold, an agent of the defendant.

The only dispute in the case is in regard to several advances when the plaintiff, it will be assumed, did not draw any check to the order of Richard Seybold, but did at his request and under his direction obtain money on her check and with that money make disbursements upon the work which Richard Seybold had in charge. This was the same as if Richard Seybold first received the money and then placed it in the hands of a disbursing agent for disbursement. For such a purpose the plaintiff might be a disbursing agent. For Richard Seybold to have taken it would have been a mere ceremony.

Judgment and order affirmed, with costs..

Sedgwick, Oh. J., and MoAdam, J., concur.