Jiminez v. Ward
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas E. Ward, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of' the clerk of the county of New York on the 9th day. of August, 1897, as denied his motion to vacate an order for the defendant’s examination as a party before trial, such motion being made upon the ground of the insufficiency of the papers upon which the order was granted.
1Opinion of the Court
Van Brunt, P. J.:
This action was brought, to recover a sum of over $11,000 alleged to have been received by the defendant to the use of the plaintiff. The answer denied' the allegations of the conrplaint except as to demand ; and as a separate and distinct defense averred that whatever moneys were paid by the plaintiff to the defendant were paid to the defendant as banker and broker acting on behalf of the plaintiff for the purchase and sale of various stocks for him, and that during "the periods mentioned in the complaint various moneys were paid and stocks delivered tó the plaintiff, which…
2Cited by6 opinions
- Tanenbaum v. LindheimAppellate Division of the Supreme Court of the State of New York · 1900
- Bowes v. National City BankNew York Supreme Court · 1938
- Leach v. HaightAppellate Division of the Supreme Court of the State of New York · 1898
- Rosenbaum v. RiceNew York Supreme Court · 1901
- Leach v. HaightAppellate Division of the Supreme Court of the State of New York · 1898
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