Capron v. . Thompson
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made June 11, 1880, which affirmed a judgment in favor of defendant Thompson, entered upon the report of a referee. This action was brought by plaintiffs, who were stock-brokers in the city of New York, to recover a balance alleged to be due on account of stock transactions between the parties.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made June 11, 1880, which affirmed a judgment in favor of defendant Thompson, entered upon the report of a referee. This action was brought by plaintiffs, who were stock-brokers in the city of New York, to recover a balance alleged to be due on account of stock transactions between the parties. The material facts appear sufficiently in the opinion. The failure of duty found against the plaintiffs was of a subsequent, not a precedent, duty. A breach of a…
1Opinion of the CourtMiller, J.
The plaintiffs purchased for the defendant Thompson fifty-six thousand six hundred and fifty shares of stock of the Columbus, Cleveland and Indiana Railroad Company. The referee, in stating the account between the parties, gave the plaintiffs credit for twenty-four thousand two hundred shares sold by them, and excluded from such account thirty-two thousand four hundred and fifty shares, although he found that the plaintiffs had bought and paid for the latter on account of the defendant Thompson. As to the last-named shares, he also found that, on the 20th of April, 1874, on which day the…
2Cases cited4 opinions
- Baker v. . DrakeNew York Court of Appeals · 1873
- Tipton v. . FeitnerNew York Court of Appeals · 1859
- Gruman v. . SmithNew York Court of Appeals · 1880
- Muldoon v. . PittNew York Court of Appeals · 1873
3Cited by12 opinions
- Heller v. . CohenNew York Court of Appeals · 1897
- Porter v. . WormserNew York Court of Appeals · 1884
- Tompkins v. Morton Trust Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Otis v. MedoffSupreme Court of Pennsylvania · 1932
- Levy v. . LoebNew York Court of Appeals · 1882
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