CARR v. HOY


2 N.Y.2d 185 (1957)

Cass Carr, Appellant, v. John E. Hoy, Individually and as Sheriff of Westchester County, Respondent.

Court of Appeals of the State of New York.

Decided January 10, 1957.


Attorney(s) appearing for the Case

Emanuel Redfield for appellant.

Harry G. Herman, County Attorney (Arthur T. Connick of counsel), for respondent.

CONWAY, Ch. J., DYE, FULD, FROESSEL and BURKE, JJ., concur with DESMOND, J.; VAN VOORHIS, J., dissents in an opinion.


DESMOND, J.

This is a conversion suit against a sheriff. Judgment went for defendant on the ground that the money taken and withheld from plaintiff by the sheriff was the proceeds of a criminal act committed by plaintiff. Plaintiff had collected fees of $10 each from a number of persons for the privilege of attending a farm outing and of there photographing female models, some of whom posed in the nude. The sheriff...

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