Where there is no obligation to return the identical money, but only a relationship of a debtor and creditor, an action for conversion of the funds representing the indebtedness will not lie against the debtor; here, where defendant concedes that he had received monies for the sale of plaintiffs' goods but had not remitted the money to them, they stand in a debtor-creditor relationship and there was no conversion.
March 28, 2005 at 12:00 AM
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