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Home / Courts / Tort/Negligence – Conversion – Money – Exact Funds – Constructive Trust – No Fiduciary Relationship (access required)

Tort/Negligence – Conversion – Money – Exact Funds – Constructive Trust – No Fiduciary Relationship (access required)

Variety Wholesalers, Inc. v. Salem Logistics Traffic Services, LLC In the parties' agreement for defendant Salem Logistics to audit plaintiff's freight bills, plaintiff did not specify that Salem was required to pay plaintiff's carriers with the same exact funds that plaintiff transferred to Salem. In fact, plaintiff's witnesses said it would have been fine for Salem to pay plaintiff's carriers out of Salem's general funds. Therefore, plaintiff failed to show that Salem accepted the payments with the intent to redeliver the exact funds.

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