Gambolati v. Sarkisian

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that funds were not identifiable because defendant “was seeking to enforce an obligation to pay money and nothing more . . .. [Therefore, the defendant] was not required to pay to [the plaintiff] the identical monies he collected”
• awarding defendant attorney’s fees after concluding that the “facts did not justify a claim for civü theft and there was no intention to retain monies wrongfuUy.”
• claim for civil theft and conversion may not lie where relationship is contractual in nature
• debt which may be discharged by the payment of money in general cannot form the basis of conversion
• “[A]n action in tort is inappropriate where the basis of the suit is a contract, either express or implied.”
• “A debt which may be discharged by the payment of money in general cannot form the basis for conversion.”

Source: CourtListener parenthetical corpus (CC0).