The Code of Civil Procedure of the State of New York; With All Amendments Thereto, Down to and Including Those Enacted in 1894, Fully and Exhaustively Annotated Volume 1

The Code of Civil Procedure of the State of New York; With All Amendments Thereto, Down to and Including Those Enacted in 1894, Fully and Exhaustively Annotated Volume 1

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ...only for acts of malfeasance: Segelken i. Meyer, 5 Civ. Pro. R. 1. e. Attorney.--An attorney prosecuted for not paying over money collected for bis client is liable to imprisonment, such being au action for misconduct in a professional employment: Stage v. Stevens, 1 Denio 267. And so where an attorney residing and practising in another state refuses to pay over, he is liable to arrest here: Yates v. Blodgett, 8 How. 278; and see Gross v. Graves, 2 Robt 707; 19 Abb. 93. d. Commission merchants.--A commission merchant who receives butter to sell on commission, acta in a fiduciary capacity, and is liable to arrest on failure to pay over the net proceeds after sale: Schudder v. Sbiells, 17 How. 420; Ostell v. Brough, 24 How. 274. Hut where such merchant agrees to guarantee the payment of the price on such sales, he does not receive tho price in a fiduciary capacity within the meaning of this section: Sutton v. De Camp, 4 Abb. N. S. 483; Angus v. Dunscomb, 8 How. 14. e. Plaintiff delivered to defendant cheese liich defendant shipped to a New York bouse for sale, they acting as his agents, anil having sold the cheese paid part of the money to defendant, and gave him credit on tlieir books for the balance: Held, that defendant could be arrested for tho money he actually received derived from such sale, but not for the goods for which he bad not received pay: Collins v. Harris, 5 N. Y. St. Kep. 162; 42 Hun 631. Where plaintiff lias a right to an order of arrest at the commencement of an action upon the facts of the case, it was not superseded by an acceptance of an offer of judgment by the defendant: Id. j?ow ar averments made on information -ud belief will be sufficient to justify an order of arrest under subd. 3: See King v. Arno a, 84 N. Y....show more

Product details

  • Paperback | 896 pages
  • 189 x 246 x 45mm | 1,565g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • Illustrations, black and white
  • 1236566238
  • 9781236566232