De Cordova v. . Barnum
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 March 14, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court, and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 14, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court, and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court below erred in holding that the relations between the parties were simply that of pledgor and pledgee. (Laws of 1882, chap. 402.) The court below erred in not allowing proof of usage which did not contravene any…
1Opinion of the CourtLandon, J.
The plaintiff was a stock broker, and brought this action to recover of the defendant a balance of account representing the losses upon the purchase and sale of certain stocks made by the plaintiff at the request of the defendant and upon a margin.
The transactions and the amount due the plaintiff upon them were established by the evidence, and the judgment should be affirmed, unless errors to the prejudice of the defendant were committed upon the trial.
It appeared from the evidence that during the pendency of the stock transactions in question, the defendant assigned to and deposited with the…
2Cases cited2 opinions
- Elder v. RouseNew York Supreme Court · 1836
- Butterworth v. KennedyThe Superior Court of New York City · 1859
3Cited by12 opinions
- Ford v. SnookAppellate Division of the Supreme Court of the State of New York · 1923
- National Bank v. Erion-Haines Realty Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Warner v. ZuechelAppellate Division of the Supreme Court of the State of New York · 1897
- Jenkins v. ConklinAppellate Division of the Supreme Court of the State of New York · 1911
- Britton v. . ScognamilloNew York Court of Appeals · 1924
7 more not listed; retrieve them via the Exa API.