McConnell v. Hellwig
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles P. McConnell, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Nassau on the 18th day of November, 1918, upon the verdict of a jury rendered by direction of the court granting defendants a recovery on their counterclaim.
1Opinion of the Court
Jenks, P. J.:
The plaintiff, a customer of the defendants’ firm, had two accounts, “ regular ” and “ special.” He sues upon an account stated in the regular account. The special account was “ margined ” solely by the regular account. The defendants counterclaim upon a balance in the special account struck by deduction of the amount due plaintiff in the regular account. At the close of the testimony at Trial Term, the court, under plaintiff’s exception, took the case from the jury and gave judgment for the defendants. This was a decision that the plaintiff was not, and the defendants were,…
2Cases cited16 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Hull v. . LittauerNew York Court of Appeals · 1900
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
- Middleton v. . WhitridgeNew York Court of Appeals · 1915
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3Cited by10 opinions
- Bosak v. ParrishNew York Court of Appeals · 1929
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- LaRose v. DonnellyAppellate Division of the Supreme Court of the State of New York · 1927
- Bosak v. ParrishAppellate Division of the Supreme Court of the State of New York · 1929
5 more not listed; retrieve them via the Exa API.