Knickerbocker v. . Gould
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 11, 1887, which affirmed a judgment in favor of plaintiffs entered upon a verdict directed by the court. The nature of the action and the facts are sufficiently stated in the opinion. As matter of law the account of December 26, 1884, was not a stated account.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 11, 1887, which affirmed a judgment in favor of plaintiffs entered upon a verdict directed by the court. The nature of the action and the facts are sufficiently stated in the opinion. As matter of law the account of December 26, 1884, was not a stated account. (Quincy v. White, 63 N. Y. 370, 379; Lockwood v. Thorne, 18 id. 285.) The action is brought on account stated. If the plaintiffs fail to prove an account stated, they could not recover. If the jury had…
1Opinion of the CourtEarl, J.
This action was brought by the plaintiffs, stock brokers doing business in the city of Hew York, against the defendant, their customer, residing in the county of Saratoga, to recover a balance of account. The plaintiffs bought for the defendant certain shares of stock, receiving from him a portion of the purchase-price as margin, and advancing for him the balance, and holding the stock. The defendant failed, upon demand, to put up more margin and they sold the stock, and the amount claimed in the complaint is the balance due them resulting from the transactions.
The facts alleged in the…
2Cases cited1 opinion
- Lockwood v. . ThorneNew York Court of Appeals · 1858
3Cited by19 opinions
- Newburger-Morris Co. v. . TalcottNew York Court of Appeals · 1916
- Sayward v. Dexter, Horton & Co.Court of Appeals for the Ninth Circuit · 1896
- Modern Settings, Inc. v. Prudential-Bache Securities, Inc.Court of Appeals for the Second Circuit · 1991
- Robinson v. MillerAppellate Division of the Supreme Court of the State of New York · 1924
- Bank of Hatfield v. ClaytonSupreme Court of Arkansas · 1923
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