Smith v. Heath
New York Court of Common Pleas
Appeal from an order denying a motion for a preliminary injunction. This action was brought by the plaintiff against the defendants, who were stockbrokers, doing business under the name of William Heath & Go., to prevent them from prosecuting an action against him in the State of Vermont, and from selling plaintiff’s property in that State.
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Appeal from an order denying a motion for a preliminary injunction. This action was brought by the plaintiff against the defendants, who were stockbrokers, doing business under the name of William Heath & Go., to prevent them from prosecuting an action against him in the State of Vermont, and from selling plaintiff’s property in that State. A motion for a preliminary injunction, made at special term, was denied, and the following opinion rendered, in which the facts are stated. Robinson, J. —The pleadings and affidavits disclose these facts: that the defendants are stockbrokers, in the city…
1Opinion of the Court
By the Court.*—Labbemobe, J.
—The judge, in his decision of the motion from which this appeal is taken, has characterized the transaction between the parties as “merely one between principal and broker.” Such a conclusion is justified by the papers read on the motion. The moneys advanced by defendants to carry the stock in question, were borrowed by them at the request and for the use of the plaintiff, and the ex*126tra rate of interest charged and paid therefor, in no way inured to the benefit of the defendants. They discharged (by plaintiff’s direction) obligations which he had assumed or…
2Cases cited3 opinions
- Winsted Bank v. . WebbNew York Court of Appeals · 1868
- Farmers & Mechanics' Bank of Genesee v. JoslynNew York Court of Appeals · 1867
- Carson v. IngallsNew York Supreme Court · 1861
3Cited by1 opinion
- Person v. MattsonNorth Dakota Supreme Court · 1916