Taylor v. Hotchkiss
Appellate Division of the Supreme Court of the State of New York
Appeal by the- defendants,. Horace L. Hotchkiss, and another, as surviving, partners.of Harvey B. Rich, of the firm of Horace ÍL.
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Appeal by the- defendants,. Horace L. Hotchkiss, and another, as surviving, partners.of Harvey B. Rich, of the firm of Horace ÍL. Hotchkiss & Company, from a judgment of the Supreme Court -in favor of the plaintiff, entered in the office of the clerk of the county of Cayuga' on the 19th day ¡of July, 1902,. upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 19th day of July, 1902, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Hiscock, J.:
We think the judgment ¡appealed from should be affirmed.
This action was brought upon two causes of action set forth in the complaint. As his first cause of action plaintiff alleges, in sub*471stance, a claim that the defendants and Rich, as copartners, in the years 1894 and 1895 became obligated to take from the plaintiff certain shares of stock at a certain price, which they failed to do, causing him damages in the sum of $2,900.
His second cause óf action is upon an alleged account stated between him and said copartners upon which there was at the time of the commencement of the…
2Cases cited6 opinions
- Depuy v. SwartNew York Supreme Court · 1829
- Dusenbury v. . HoytNew York Court of Appeals · 1873
- Goulding v. . DavidsonNew York Court of Appeals · 1863
- Tuthill v. . SkidmoreNew York Court of Appeals · 1891
- Scheper v. BriggsAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by5 opinions
- Herrington v. . DavittNew York Court of Appeals · 1917
- Williston Savings and Loan Asso. v. KellarNorth Dakota Supreme Court · 1946
- Straus v. CunninghamAppellate Division of the Supreme Court of the State of New York · 1913
- In re the Accounting of LessordNew York Surrogate's Court · 1950
- Straus v. CunninghamAppellate Division of the Supreme Court of the State of New York · 1913