28 Misc. 521
Appellate Terms of the Supreme Court of New York
Decided July 15, 1899
Appellate Terms of the Supreme Court of New York · decided 1899-07-15
<p>1. Conversion. — When maintainable, against agent, for money.</p> <p>An action for conversion cannot be maintained against a person who receives money in a fiduciary capacity unless he is bound to turn over the identical money.</p> <p>(MaeLean, J., dissenting.)</p> <p>2. Same — Declarations of third party.</p> <p>Where the issue is whether the defendant has as agent collected money which was due the plaintiff, she cannot prove collection by a letter of her debtor in which he states to her that' he has paid the defendant, as such a letter is only the unverified declaration of a third party.</p>
Cited by 2 later decisions — most recently August 1939
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1899-07-15
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¶1(concurring). I concur in the result for the reason, as given by the learned presiding justice, that the letter attributed to Wanamaker was, at best, the declaration of a third party and not binding upon the defendant, but I do not assent to the doctrine .last stated in the opinion, upon the authority of 84 Hun, 391.
¶2Judgment reversed, new trial ordered, with costs to appellant to abide event.