Legal Opinion · Dissent

Post v. Thomas

Appellate Division of the Supreme Court of the State of New York

Decided December 13, 1912Published

Appeal by the defendant, Edward R. Thomas, from a judgment of the Supreme Court in favor of the plaintiffs against the said defendant, but dismissing the complaint as to the other defendants, entered in the office of the clerk of the county of New York on the 24th day of January, 1912, upon' the report of a referee.

1Dissent

Laughlin, J. (dissenting):

The plaintiffs were the general partners of the stock brokerage firm of Post & Co., and they brought this action to recover *867the balance of a pool account which said firm carried for the defendants, who were buying and selling the capital stock of the Keokuk'and Des Moines Railroad Company, upon the theory that the defendants are jointly liable therefor. The complaint was dismissed as to the defendants Orlando F. Thomas and Hamilton upon the theory that they were discharged from liability by a transaction between the plaintiffs’ firm and Edward R. Thomas, by which the…

2Cases cited13 opinions

  1. Jaffray v. . DavisNew York Court of Appeals · 1891
  2. Kennedy v. . PorterNew York Court of Appeals · 1888
  3. Quincey v. . WhiteNew York Court of Appeals · 1875
  4. Marquand v. President of New-York Manufacturing Co.Court for the Trial of Impeachments and Correction of Errors · 1820
  5. Bonnette v. MolloyAppellate Division of the Supreme Court of the State of New York · 1912

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