New York Court of Appeals
Walter v. . Bennett.
December 5, 185716 N.Y. 250
Summary
The New York Court of Appeals affirmed the nonsuit of the plaintiff's action to recover a draft and $7,250, holding that the plaintiff failed to prove a cause of action because the defendant, as the plaintiff's agent, lawfully converted the draft into money. The court explained that the plaintiff's remedy lies in contract, not in an ex delicto conversion claim. Justice 030concurrence, in a concurring opinion, noted that the plaintiff might have been entitled to a judgment for the debt but procedural limitations precluded such relief.