Parker v. Paine
Appellate Terms of the Supreme Court of New York
Appeal from city court of New York, general term. Action by Howard E. Parker against J. Overton Paine and others. From a judgment of the general term of the city court of the city of New York affirming a judgment in favor of plaintiff, and an order refusing a new trial, defendant Paine appeals.
1Opinion of the CourtFreedman, P. J.
The most important question presented by the appeal herein is whether the plaintiff had legal capacity to bring this action in his own name and to represent .therein the parties, other than himself, who were interested in the account -sued upon. *943The plaintiff engaged in stock speculation, and he first commenced on his own account, and for that purpose opened an account with the defendants’ firm in his own name. Then some of his friends gave him certain sums of money, with instructions to put them with his own money in his account, to speculate with them through his broker, and to use entirely…
2Cases cited14 opinions
- Considerant v. . BrisbaneNew York Court of Appeals · 1860
- Platner v. . PlatnerNew York Court of Appeals · 1879
- Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Pontius v. . People of the State of New YorkNew York Court of Appeals · 1880
- Weed v. Hamburg—Bremen Fire InsuranceNew York Court of Appeals · 1892
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3Cited by1 opinion
- Olansky v. BerlinAppellate Terms of the Supreme Court of New York · 1902