Newburger v. Levinson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Alfred H. Newburger and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 22d day of January, 1920, on the verdict of a jury, and also from an order entered in said clerk’s office on the 23d day of January, 1920, denying plaintiffs’ motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
The action is brought by a firm of stockbrokers against a customer to recover $4,576.35, an alleged balance of a marginal account. The complaint set forth an account between the parties commencing on the 23d of July, 1919, and continuing until the tenth of October of that year; but the plaintiffs, recognizing that the controversy between them and their customer was over the execution of an order given by him on the 29th of August, 1919, which he claimed involved an order given the day before, omitted from the accounts two items relating to the execution of orders on August…
2Cases cited11 opinions
- Baker v. . DrakeNew York Court of Appeals · 1873
- McIntyre v. WhitneyAppellate Division of the Supreme Court of the State of New York · 1910
- White v. . SmithNew York Court of Appeals · 1874
- Minor v. . BeveridgeNew York Court of Appeals · 1894
- Campbell v. . WrightNew York Court of Appeals · 1890
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3Cited by2 opinions
- Saboundjian v. Bank Audi (USA)Appellate Division of the Supreme Court of the State of New York · 1990
- Carroll v. DoolittleNew York Supreme Court · 1959