lot of money, which the defendant was obligated to keep intact or deliver.” Sweeney v. DeLuca, No. 042338, 2006 WL 936688, at *8 (Mass.Super.Ct. Mar. 16, 2006) (citing 53A Am.Jur. 2D Money § 21 (2005) (citing Garras v. Bekiares, 315 Mich. 141, 23 N.W.2d 239, 241 (1946) (allowing claim for conversion where money is identifiable and defendant had obligation to return the specific money with which he was entrusted), U.S. Fid. & Guar. Co. v. Bass, 619 F.2d 1057, 1060 (5th Cir.1980) (stating that “a cause of action may arise from conversion of specific money capable of identification”); and Teledyne Indus. Inc. v. Eon Corp., 373 F.Supp. 191, 202 (S.D.N.Y.1974) (applying conversion claim to a “special account”))); see also Morrin v. Manning, 205 Mass. 205, 91 N.E. 308, 309 (1910) (<HOLDING>). Where, however, a plaintiffs claim is “not
recognizing that an action will lie for conversion of money when its identification is possible and there is an obligation to deliver the specific money in question or otherwise particularly treat the specific money holding that plaintiff could recover money mistakenly paid in excess of contract price holding that where constable seized money from plaintiffs cash register the money seized was in excess of the debt constable was authorized to collect under a writ and constable refused to return the excess an action in trover would lie against constable to recover the excess since constable wrongfully took it for his own use and had no right of possession holding that taking money from a victim offering the money out of fear of violence can be larceny from the person because there is no consent and the money was removed from the actual possession or custody of the person or his immediate pres ence viz the area within his control holding that attorneys could not recover fees in excess of amount billed