Cohen v. Rothschild
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Morris H. Rothschild and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day of July, 1916, upon the report of a referee appointed to hear and determine the issues. The judgment among other things dismissed the defendants’ counterclaims.
1Opinion of the Court
Laughlin, J.:
The action is bya customer against a firm of cotton exchange brokers. The recovery was for $7,735, being the amount paid by the plaintiff to the defendants from time to time from the 11th of November, 1911, until the 4th of May, 1912, together with interest from the times of the respective payments. The counterclaims were for balances claimed by the brokers.
The complaint contains two counts. The first is to recover the money on the ground that it was received without consideration and pursuant to a scheme by which the defendants intended to defraud the plaintiff by receiving the…
2Cases cited14 opinions
- Hopkins v. . ClarkNew York Court of Appeals · 1899
- Taylor v. . GuestNew York Court of Appeals · 1874
- Porter v. . WormserNew York Court of Appeals · 1884
- Stoughton v. LynchNew York Court of Chancery · 1816
- Haight v. Haight & Freese Co.Appellate Division of the Supreme Court of the State of New York · 1906
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3Cited by4 opinions
- Johnson v. WinslowNew York Supreme Court · 1935
- Falk v. SpingarnCity of New York Municipal Court · 1935
- Newburger v. LevinsonAppellate Division of the Supreme Court of the State of New York · 1921
- du Pont v. NeimanCalifornia Court of Appeal · 1957