Baker v. . Drake
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought for an alleged conversion by defendant of 500 shares of the stock of the Chicago and Alton Railroad Company.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought for an alleged conversion by defendant of 500 shares of the stock of the Chicago and Alton Railroad Company. Plaintiff, through one U. F. Rogers, who acted as his agent, employed the defendants, who were doing business as stock brokers in the city of New Tork, under the firm name of Drake Brothers, to make speculative purchases of stocks for him, upon a margin. Rogers had been, previously operating in…
1Opinion of the CourtFolger, J.
This case was argued orally before six members of the court. I did not have the benefit of that argument, nor of some of the subsequent discussion of the case, among the six judges, in our consultation room. It is, however, the practice of this court, that where a judge is absent from an oral argument of a case, it is to be treated as submitted to him, without oral argument.
Hpon the consultation among the six members of the court who heard the oral argument, they were equally divided in opinion—three being for an affirmance of the judgment appealed from, and three for a reversal of it and for…
2Cases cited2 opinions
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- Stenton v. . JeromeNew York Court of Appeals · 1873
3Cited by41 opinions
- Richardson v. ShawSupreme Court of the United States · 1908
- Hiscock v. Varick Bank of New YorkSupreme Court of the United States · 1907
- Galigher v. JonesSupreme Court of the United States · 1889
- Hall v. PaineMassachusetts Supreme Judicial Court · 1916
- Toplitz v. . BauerNew York Court of Appeals · 1900
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