Newman v. Lee
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John T. Lee, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the plaintiff, entered on the 13th day of April, 1903, after a trial before the court without a jury.
1Opinion of the Court
Woodward, J.:
This action was to recover an amount deposited as a margin, in certain stock transactions, with the manager- of one of the offices where the defendant carried on business as a broker. The answer is a general denial. The trial was before the court without a jury, and the defendant appeals from a judgment in favor of the plaintiff.
The trial court admitted, over the plaintiff’s objection, certain testimony tending to show that neither the plaintiff nor the defendant’s manager intended at any time to deliver or accept shares, but merely to pay differences according to the rise or the…
2Cases cited5 opinions
- Goodwin v. Massachusetts Mutual Life InsuranceNew York Court of Appeals · 1878
- Rathbun v. . SnowNew York Court of Appeals · 1890
- Horton v. . MorganNew York Court of Appeals · 1859
- Cox v. Albany Brewing Co.New York Supreme Court · 1890
- Truman v. LombardAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by6 opinions
- Ford v. SnookAppellate Division of the Supreme Court of the State of New York · 1923
- Morrison v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1913
- Carl Wagner and Sons v. Appendagez, Inc.District Court, S.D. New York · 1980
- Cohen v. GoldsteinAppellate Terms of the Supreme Court of New York · 1911
- Globe & Rutgers Fire Insurance v. Warner Sugar Refining Co.Appellate Division of the Supreme Court of the State of New York · 1919
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