FERGUSON v. VAUGHAN IMPORTED CARS INC.


9 Misc.2d 188 (1957)

Joseph B. Ferguson, Jr., Respondent, v. Vaughan Imported Cars Inc., et al., Appellants.

Supreme Court, Appellate Term, First Department.

May 29, 1957.


Attorney(s) appearing for the Case

John R. Jones for appellants.

Paul Wolfe for respondent.

HOFSTADTER, STEUER and TILZER, JJ., concur.


Per Curiam.

Section 233 of the Real 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...

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