Small v. . Housman
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 10, 1911, affirming a judgment in favor of defendants entered upon a verdict directed by -the court. The nature of the action and the facts, as far so material, are stated in the opinion. The court erred in holding as a matter of law that notice to Eugene Small was notice to the plaintiff. (F. Nat.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 10, 1911, affirming a judgment in favor of defendants entered upon a verdict directed by -the court. The nature of the action and the facts, as far so material, are stated in the opinion. The court erred in holding as a matter of law that notice to Eugene Small was notice to the plaintiff. (F. Nat. Bank v. Mackey, 158 N. Y. 140; Poole v. Leask, L. R. [33 Eq.] 155; Hoffman v. Treadwell, 2 T. & C. 57; Valentine v. Appleby, 87 Hun, 1; Snyder v. Sloane, 65 App. Div. 543; Wickes…
1Opinion of the CourtWerner, J.
The plaintiff sues to recover damages for the conversion of certain of her stocks and bonds by the defendants. At Trial Term the court directed a verdict in favor of the defendants. The judgment entered upon this direction was affirmed at the Appellate Division. The question is whether the evidence for the plaintiff, supplemented by such favorable inferences as may properly be drawn therefrom, is of sufficient probative force and cogency to create an issue of fact; and the determination of that question naturally depends upon the view to be taken of the transactions out of which the…
2Cases cited10 opinions
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- Toplitz v. . BauerNew York Court of Appeals · 1900
- N.Y. N.H.R.R. Co. v. . SchuylerNew York Court of Appeals · 1865
- Gruman v. . SmithNew York Court of Appeals · 1880
- Hanover National Bank v. American Dock & Trust Co.New York Court of Appeals · 1896
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3Cited by28 opinions
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- Rosenthal v. BrownNew York Court of Appeals · 1928
- In re the Estate of KiamieNew York Court of Appeals · 1955
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