Jacques Thys was expecting a bonus from his employer, Fortis Securities, LLC, but the $198,230.73 he received was less than expected.
Fortis supposedly told Thys that it would deposit the correct sum once $192,000 was returned. When Fortis failed to honor its promise, Thys later sued for "conversion," but the New York County Supreme Court opted to dismiss his case.
Since the $192,000 was an "identifiable fund," which was returned to Fortis for a specific purpose--namely for the recalculation of the bonus--the Appellate Division, First Department, thought that Thys had stated a valid conversion claim and revived his suit. (The fact that the money was voluntarily relinquished was of no consequence.)
Looks like the guy got a bonus round.
To view a copy of the Appellate Division's decision, please use this link: Thys v. Fortis Sec. LLC