Legal Opinion

Coit v. . Stewart

New York Court of Appeals

Decided June 20, 1872PublishedCited by 15 opinions

Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing an order of Special Term sustaining demurrer of plaintiff to a count of defendant’s answer setting forth an alleged counter-claim. The action was brought to recover the amount of two promissory notes executed hy plaintiff. The substance of the counter-claim is set forth in the opinion.

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Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing an order of Special Term sustaining demurrer of plaintiff to a count of defendant’s answer setting forth an alleged counter-claim. The action was brought to recover the amount of two promissory notes executed hy plaintiff. The substance of the counter-claim is set forth in the opinion. The grounds of the demurrer were, that the matters set up in the answer constituted tort, that it alleged that plaintiff acted in a fiduciary capacity, and that the claim is for unliquidated damages. The…

1Opinion of the CourtGrover, J.

The counter-claim set up in the fourth defence was founded upon contract. The allegation in substance is that the plaintiff, in consideration of a specified reward therefor to be paid him by the defendant, undertook to complete the negotiations for the purchase by the defendant of certain securities, and promised the defendant that he would account for and pay over all moneys and deliver all securities belonging to the defendant to him, which he had refused to do, and had converted to his own use. Hpon these facts the defendant had his election to sue for the breach of the contract or for the…

2Cases cited2 opinions

  1. Conaughty v. . NicholsNew York Court of Appeals · 1870
  2. Rogers v. . WheelerNew York Court of Appeals · 1871

3Cited by15 opinions

  1. Green v. ConradSupreme Court of Missouri · 1893
  2. Braithwaite v. AkinNorth Dakota Supreme Court · 1893
  3. Merritt v. GouleyNew York Supreme Court · 1890
  4. Lindskog v. SchouweilerSouth Dakota Supreme Court · 1899
  5. Wickham v. WeilNew York Court of Common Pleas · 1892

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