154 A.D. 503
Appellate Division of the Supreme Court of the State of New York
Decided January 3, 1913
Appellate Division of the Supreme Court of the State of New York · decided 1913-01-03
Appeal by the plaintiff, Solomon L. Pakas, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 29th day of May, 1912, upon the verdict of a jury for thirteen dollars, and also from an order entered in said clerk’s office on' the 7th day of May, 1912, denying the plaintiff’s motion for a new trial made upon the minutes.
Decided 1913-01-03
¶1As stated in my dissenting opinion on, the former appeal herein (149 App. Div. 909), I regard this as an action for the conversion of moneys which it was the duty of the defendant to turn over and account for to the plaintiff, without any deduction; and on the exceptions to the refusal of the court to adopt that theory, I vote for a reversal and for a new trial.
¶2Judgment modified as directed in opinion, and as modified affirmed, with costs to appellant. Order to be settled on notice.