Sternberger v. . Bernheimer
New York Court of Appeals
Appeal from judgment of the General Term-of the Superior Court of the city of New York, entered upon an order made January 7,1889, which affirmed a judgment in favor of plaintiffs entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term-of the Superior Court of the city of New York, entered upon an order made January 7,1889, which affirmed a judgment in favor of plaintiffs entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the facts are sufficiently stated in the opinion. The judgment appealed from is erroneous, because it is a judgment against the appellant, individually, and no ground for such a judgment is to be found in the complaint, or in the evidence. (Nelson v. Bostwick, 5 Hill, 37; Niles v. Battershall, 2 Bobt. 146.)…
1Opinion of the Court
Ruger, Ch. J.
The complaint in this action proceeds against the defendants, Meyer A. Bernheimer, Joseph Falk and George W. Falk, upon a joint undertaking to engage in a stock speculation, in pursuance of which they employed Louis Stemberger, one of the plaintiffs, as a broker to purchase and carry for them 600 shares of stock; which speculation resulted in a loss. The evidence tended to show that the order for this purchase was given by Joseph Falk to Louis Stemberger in the presence of and with the express approval of the defendant, Bernheimer, and purported to be given 'on behalf of the…
2Cases cited1 opinion
- Produce Bank v. . MortonNew York Court of Appeals · 1876
3Cited by6 opinions
- Symms Grocer Co. v. Burnham, Hanna, Munger & Co.Supreme Court of Oklahoma · 1898
- Yerkes v. . McFaddenNew York Court of Appeals · 1894
- Raynore v. Drake, New York County Courts1921
- Freeman v. SmithNorth Dakota Supreme Court · 1957
- Hoffman v. CrossNew York Supreme Court · 1958
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