Mullen v. J. J. Quinlan & Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 9, 1908, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 9, 1908, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The causes of action stated in the complaint arose out of the alleged wrongful conversion by the defendant of certain shares of stock and of a certain quantity of wheat, which the latter had purchased, acting as a broker, for certain customers and was carrying for them on margins of payments of a small percentage of their value. The…
1Opinion of the CourtGrat, J.
The principal question for our consideration, upon this appeal, is whether the evidence adduced by the plaintiff made out a case against the defendant and justified the direction of the verdict for the plaintiff. It is contended, on behalf of the defendant, that the evidence was insufficient to ¡Drove that Smith was the defendant’s agent in the transaction of the brokerage business conducted at the Glens Falls office. Upon the conclusion of the plaintiff’s case, the defendant’s counsel moved for a nonsuit upon this and other grounds. The motion was denied and exception was taken. The…
2Cases cited3 opinions
- Markham v. . JaudonNew York Court of Appeals · 1869
- Baker v. . DrakeNew York Court of Appeals · 1873
- Barnes v. . PerineNew York Court of Appeals · 1854
3Cited by39 opinions
- Hall v. PaineMassachusetts Supreme Judicial Court · 1916
- Mayer v. . MonzoNew York Court of Appeals · 1917
- Broadwater v. Old Republic SuretyUtah Supreme Court · 1993
- In re AtlasAppellate Division of the Supreme Court of the State of New York · 1926
- Ramsay v. HarrisonSupreme Court of Virginia · 1916
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