Goldman v. Swartwout
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frank G. Swartwout, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 25th day of April, 1906, upon the verdict of a jury, and also from an order entered in said clerk’s- office on the 27th day of April, 1906, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Lambert, J.:
The defendant in this action appears to have been intrusted with certain shares of the stock of the Scarsdale Water Company;' with authority to sell the same for the plaintiff and his wife, at a price not less than fifty dollars per share. The cause of action, originally pleaded involved eight shares, but it subsequently appearing that seven of these shares belonged to the plaintiff’s wife, the action was continued only as to the single share owned by the plaintiff. The' defendant sold this share of stock, with others, and the plaintiff brings this action to recover one hundred…
2Cases cited2 opinions
- Becker v. . BoonNew York Court of Appeals · 1874
- Leach v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by4 opinions
- Levy v. LoewAppellate Terms of the Supreme Court of New York · 1907
- Gales-Rojac Corp. v. Pennsylvania RailroadAppellate Terms of the Supreme Court of New York · 1956
- Spencer v. HardinAppellate Division of the Supreme Court of the State of New York · 1912
- Ogden v. SergeantAppellate Terms of the Supreme Court of New York · 1908