Mayer v. . Monzo
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 31, 1914, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 31, 1914, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. Defendant, in attacking the dismissal of the counterclaim, is entitled to the most favorable inferences deducible from the evidence, and all disputed facts are to be treated as established in his favor. (Place v. N. Y. C. & H. R. R. R. Co., 167 N. Y. 345.) It is only where .there is no…
1Opinion of the Court
Hiscock, Ch. J.
This action is brought by plaintiffs, who were stockbrokers, to recover a substantial sum of money claimed to be due to them from defendant on account of the purchase of stocks bought and carried by them for him on a margin and for such an amount they have recovered judgment. It is undisputed that this recovery was proper unless defendant was entitled to assert the counterclaim pleaded by him springing out of the alleged conversion of his stocks by the plaintiffs. This counterclaim thus far has been rejected by the courts as matter of law and the question whether this…
2Cases cited14 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- Baker v. . DrakeNew York Court of Appeals · 1873
- Higgins v. . CrouseNew York Court of Appeals · 1895
- Hall v. PaineMassachusetts Supreme Judicial Court · 1916
- Wright v. . Bank of the MetropolisNew York Court of Appeals · 1888
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3Cited by35 opinions
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- Simon v. Electrospace Corp.New York Court of Appeals · 1971
- Steranko v. Inforex, Inc.Massachusetts Appeals Court · 1977
- Provost v. United StatesSupreme Court of the United States · 1926
- William R. Van Gemert v. The Boeing Company and Thomas R. WilcoxCourt of Appeals for the Second Circuit · 1977
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