Quincey v. . White
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Mew York, affirming a judgment in favor of plaintiff entered upon- the report of a referee. (Reported below, 5 Daly, 327; • sub nomine Quincey v. Young et al.) This action was brought to recover balance alleged to be due upon an account of certain stock transactions conducted by plaintiff’s firm, William "Heath & Co., on joint account of defendants.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Mew York, affirming a judgment in favor of plaintiff entered upon- the report of a referee. (Reported below, 5 Daly, 327; • sub nomine Quincey v. Young et al.) This action was brought to recover balance alleged to be due upon an account of certain stock transactions conducted by plaintiff’s firm, William "Heath & Co., on joint account of defendants. The facts sufficiently appear in the opinion. The finding of a fact essential to the maintenance of the judgment, without any evidence to support it,…
1Opinion of the Court
Church, Ch. J.
This action was brought to recover a balance of account claimed to be due to William Heath & Co., of which firm the plaintiff was a member, and now holds the account by assignment. The action was originally brought against White, and two others (Woodward and Young), but White only has appealed to this court. Tlie parties are all stock-brokers, and the controversy grew out of stock speculations. In the spring of 1870, Woodward and Young entered into an arrangement to deal in Philadelphia and Reading Railroad stock with Heath & Co. as brokers. Soon after the defendant White joined…
2Cases cited1 opinion
- Lockwood v. . ThorneNew York Court of Appeals · 1858
3Cited by25 opinions
- Eames Vacuum Brake Co. v. . ProsserNew York Court of Appeals · 1898
- Stevens v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1881
- Baldwin v. . DoyingNew York Court of Appeals · 1889
- Stewart v. SpaldingHawaii Supreme Court · 1916
- Hoag v. WrightAppellate Division of the Supreme Court of the State of New York · 1898
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