Ferguson v. Vaughan Imported Cars Inc.

Appellate Terms of the Supreme Court of New York

Ferguson v. Vaughan Imported Cars Inc.

9 Misc. 2d 188, 163 N.Y.S.2d 884, 1957 N.Y. Misc. LEXIS 2939

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 29, 1957

StatusPublished

Cited by3 cases

This text of 9 Misc. 2d 188 (Ferguson v. Vaughan Imported Cars Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ferguson v. Vaughan Imported Cars Inc., 9 Misc. 2d 188, 163 N.Y.S.2d 884, 1957 N.Y. Misc. LEXIS 2939 (N.Y. Ct. App. 1957).

Pincite

Opinion

Per Curiam.

Section 233 of the Beal Property Law requires the person to whom the deposit is given to hold it in trust and not to mingle it with the personal moneys of the person holding the same. The requirement is not only that the person shall not mingle the money with his own but he shall hold on to it actually or constructively. Placing the money received by the landlord as security in the name of another living person is not a holding within the requirements of this section.

The final order and judgment should be modified by directing judgment in favor of the tenant on the counterclaim for conversion, and as modified final order and judgment affirmed, without costs.

Hoestadter, Steuer and Tilzer, JJ., concur.

Final order and judgment modified, etc.

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