Hopkins v. . Clark
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 12, 1896, affirming a judgment of the late Court of Common Pleas for the city and county of Hew York in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover an amount alleged to be due and owing by defendants as stockbrokers to the plaintiff.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 12, 1896, affirming a judgment of the late Court of Common Pleas for the city and county of Hew York in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover an amount alleged to be due and owing by defendants as stockbrokers to the plaintiff. The facts, so far as material, are stated in the opinion. The Court of Appeals has jurisdiction to entertain this appeal. (Hopkins v. Clark, 151 N. Y. 632; Code Civ.…
1Opinion of the CourtBartlett, J.
The defendants are Boston stockbrokers and the plaintiff is their customer, residing in Philadelphia.
The transactions involved in this suit took place in February, 1893. The defendants, on the 17th of February, 1893, purchased for the account of plaintiff $10,000 par value Beading railroad third mortgage bonds at forty-two. At the time this purchase was made plaintiff had a'n open account with the defendants, showing a balance due him of $2,737.41.
This action was brought to recover that balance, ignoring the purchase of the Beading bonds, on the theory that it was unauthorized and duly…
2Cases cited15 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
- Union Pacific Railway Co. v. DanielsSupreme Court of the United States · 1894
- Schenectady and Saratoga Plank Road Co. v. . ThatcherNew York Court of Appeals · 1854
- Painton v. . Northern Cent. Railway Co.New York Court of Appeals · 1880
10 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Littlejohn v. . ShawNew York Court of Appeals · 1899
- Miller v. MillerNew York Court of Appeals · 1986
- Robinson v. Merrill Lynch, Pierce, Fenner & Smith, Inc.District Court, N.D. Alabama · 1971
- McCown v. MuldrowSupreme Court of South Carolina · 1912
- Sigua Iron Co. v. . BrownNew York Court of Appeals · 1902
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