Rosenberg v. Block

Decided February 5, 1883

The Superior Court of New York City · decided 1883-02-05

Action for conversion; the ground of arrest was the same. The papers showed that the'defendants, commission merchants in the city of New York, received from the plaintiffs merchandise upon the agreement that defendants would sell the same as agents for the plaintiffs and remit the proceeds of sales to them; that the defendants did sell said merchandise to the amount of about $800, but did not remit the proceeds, but refuse to pay the same.

Decided 1883-02-05

¶1Opinion by O’Gorman, J. —Order appealed from reversed with $10 costs, and the order of arrest vacated with $10 costs.

¶2Sedgwick, Ch. J. —“I concur on the ground that the papers did not show that the defendants had received the proceeds of the goods or how much they were.”