George Damashek for plaintiff.
George P. Doherty for defendant. MAX J. WOLFF, Referee. This is an action for the conversion of moneys. By consent the case was tried before me without a jury. Findings of fact and conclusions of law were waived. The plaintiff is a bartender in a Long Island roadside restaurant. The defendant was a frequent customer, as he had been for years. On an evening in May, 1951, a little before dinnertime, the defendant entered the restaurant with ten or twelve Irish sweepstake tickets in his hand. These he offered to sell to various persons about the bar. None would buy, and
was required to turn over to the plaintiff the sum of $1,000 and half of all above that sum, which thus comes to a total figure of $3,000. Judgment may be entered in favor of the plaintiff and against the defendant in the sum of $3,000, with interest, as demanded in the complaint.