Lubliner

Ben Jaffray appeals from a judgment in the amount of $7,500.65 (including interest and costs) upon the third cause of action of plaintiff’s complaint, which charged Jaffray with having received $6,428.20 for the use and benefit of plaintiff.

The complaint was in three counts; the first cause of action was against Jaffray and one Lubliner, charging them with having entered into a conspiracy pursuant to which they took scrap metal and other steel belonging to plaintiff of the value of $17,250, sold it and divided the proceeds. Included in this cause of action were allegations that pursuant to the conspiracy Lubliner paid over to Jaffray $4,600 of the proceeds of the sale and that Jaffray kept the money. It was alleged that defendants should be credited upon the $17,250 with the sum of $4,600 which Jaffray was alleged to have received, leaving defendants indebted to plaintiff on the first cause of action in the amount of $12,650. The second cause of action was against both defendants for $19,078 for metal sold and delivered to them. The third cause of action incorporated by reference paragraphs I to IV, inclusive, of the first cause of action and alleged that Jaffray had received…