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Rouse v. Pollard
New Jersey Court of Errors and Appeals
21 A.2d 801 (1941)
Rouse (plaintiff) went to a law firm to obtain a separation from her husband. Rouse was referred to Thomas Fitzsimmons, a member of the firm, who prepared a separation agreement and performed some other legal services on her behalf. Fitzsimmons also asked Rouse about her finances and advised her to sell her investments and turn the proceeds over to the firm to invest for her in mortgage bonds. Rouse sold her securities and received a check from her broker in the amount of $28,252.67, which she endorsed to Fitzsimmons. Fitzsimmons deposited the funds in his personal bank account except for approximately $350, which he remitted to the firm for the legal services rendered. No other member of the firm knew about the transaction. Years later, Rouse sued all the members of the firm, including Pollard (defendant), for the loss of her funds. The lower court dismissed Rouse’s complaint as to all the partners except Fitzsimmons. Rouse appealed.
Rule of Law
Holding and Reasoning (Case, J.)
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