O'Brien v. Dwyer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John J. Dwyer and another, from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Onondaga on the 2d day of January, 1902, denying the said defendants’ motion to strike out the plaintiffs’ reply and amended reply and for judgment dismissing the complaint upon the second counterclaim contained in the amended answer of the defendant Cooley.
1Opinion of the Court
Spring, J.:
The complaint shows that the plaintiffs as copartners were engaged in the stock brokerage business in the city of Syracuse; that one Spencer was a local broker in Canandaigua in this State operating wholly through the plaintiffs. On May 9, 1901, defendant Cooley was indebted to the plaintiffs in the sum of $800 for margins on stock transactions carried on through Spencer at the instance of Cooley. That for the purpose of making good this indebtedness the said Cooley paid said sum to Spencer to be delivered to the plaintiffs. Spencer was improperly and unlawfully induced by the…
2Cases cited4 opinions
- Carpenter v. . Manhattan Life Ins. Co.New York Court of Appeals · 1883
- Ter Kuile v. MaralandNew York Supreme Court · 1894
- Savage v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1900
- Smith v. RoweAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- Kelly v. WebsterAppellate Division of the Supreme Court of the State of New York · 1911
- Chemex Distributors, Inc. v. WinslowCity of New York Municipal Court · 1930
- Waters v. LangAppellate Terms of the Supreme Court of New York · 1913