Legal Opinion

Post v. Thomas

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

Decided December 14, 1917PublishedCited by 1 opinion

Appeal by the defendants, Edward R. Thomas arid another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 23d day of June, 1916, upon the report of a referee appointed to hear and determine the issues. ' The defendant Thomas further appeals from an order entered in said clerk’s office on the 5th day of June, 1916, denying his motion to strike the referee’s report from the files and to declare…

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Appeal by the defendants, Edward R. Thomas arid another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 23d day of June, 1916, upon the report of a referee appointed to hear and determine the issues. ' The defendant Thomas further appeals from an order entered in said clerk’s office on the 5th day of June, 1916, denying his motion to strike the referee’s report from the files and to declare the reference terminated and for the removal of the referee upon the ground of misconduct and for the appointment of…

1Opinion of the Court

Page, J.:

The action was brought by the. plaintiffs, a firm of stockbrokers, to recover a balance alleged to be due upon a so-called speculative pool account. This account was carried on the books of the plaintiffs under the heading “ K. K. Syndicate.” For brevity in this opinion it will be designated as the K. K. account.

This is an appeal from a judgment upon the second trial of this case. Upon the first trial the referee directed a judgment dismissing the complaint as to the defendant Hamilton and granting judgment for the full amount against the defendant Thomas. The plaintiffs did not…

2Cases cited3 opinions

  1. Post v. . ThomasNew York Court of Appeals · 1914
  2. Severson v. . MacOmberNew York Court of Appeals · 1914
  3. Post v. ThomasAppellate Division of the Supreme Court of the State of New York · 1912

3Cited by1 opinion

  1. Hewlett v. Van VoorhisAppellate Division of the Supreme Court of the State of New York · 1921

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