Carradine v. . Hotchkiss
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made January 21, 1886, which affirmed a judgment in .favor of plaintiff entered upon the verdict of a jury. The nature of the action and the material facts are stated in the opinion. The rule that the calling for the production of papers and inspecting them makes them evidence does not obtain in the state of New York. (Abb. Tr.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made January 21, 1886, which affirmed a judgment in .favor of plaintiff entered upon the verdict of a jury. The nature of the action and the material facts are stated in the opinion. The rule that the calling for the production of papers and inspecting them makes them evidence does not obtain in the state of New York. (Abb. Tr. Br. 89; Kenny v. Van Horn, 1 Johns. 394; Stalker v. Gaunt, 12 N. Y. Leg. Obs. 124; Sayer v. Kitchen, 1 Esp. 210; Carr v. Gale, 3 W. & M. 38, 59; Austin v.…
1Opinion of the CourtHaight, J.
This action was brought to recover damages by reason of the refusal of the defendants to deliver to the plaintiff 500 shares of stock known as St. Louis common or nickel plate, which the defendants, as brokers, had purchased for and on account of the plaintiff.
On the 23d day of November, 1886, the plaintiff demanded of the defendants the delivery to Mm of the stock in question, at the same time tendering to them the sum of $3,418.23, which he claimed was the whole amount due on his account. The defendants refused to deliver the stock, claiming that there was due them on the account the sum of…
2Cases cited1 opinion
- Kenny v. Clarkson & Van HorneNew York Supreme Court · 1806
3Cited by12 opinions
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- Smith v. . RentzNew York Court of Appeals · 1892
- National Fire Insurance of Hartford v. ShearmanAppellate Division of the Supreme Court of the State of New York · 1928
- Lindheim v. DuysThe Superior Court of New York City · 1895
- Strauss v. Phenix InsuranceColorado Court of Appeals · 1897
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