Franklin v. Hoadley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Joseph H. Hoadley and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Hew York on the 27th day of October, 1905, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 30th day of October, 1905, denying the said defendants’ motion for a new trial made upon the minutes.
1Dissent
McLaughlin, J. (dissenting):
I concur in the opinion of Mr. Justice Houghton except in- so far as he holds that the declarations of Judson that the appellants were his -partners in the purchase of the stock referred to were admissible-in evidence. The fact that. Judson employed' the plaintiffs to purchase the stock of the International Power Company, upon which á loss Was sustained, and to charge the same to the account of. “ Cyrus Field Judson, Special,” and that they made such purchase and sustained the loss claimed, was not disputed at the trial. The real anj substantially the only question…
2Cases cited9 opinions
- McPherson v. RathboneNew York Supreme Court · 1831
- Whitney v. FerrisNew York Supreme Court · 1813
- Butte Hardware Co. v. WallaceSupreme Court of Connecticut · 1890
- Kirby v. HewittNew York Supreme Court · 1858
- Robins v. WardeMassachusetts Supreme Judicial Court · 1872
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