Mayer v. Monzo
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Marcus Mayer and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 1st day of December -1911, upon the dismissal of the complaint and the verdict of a jury rendered by direction of the court upon the defendant’s counterclaim for $13,623.81, and also from an order entered in said clerk’s office on the 2d day of December, 1911, denying the plaintiffs’ motion for…
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Appeal by the plaintiffs, Marcus Mayer and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 1st day of December -1911, upon the dismissal of the complaint and the verdict of a jury rendered by direction of the court upon the defendant’s counterclaim for $13,623.81, and also from an order entered in said clerk’s office on the 2d day of December, 1911, denying the plaintiffs’ motion for a new trial made upon the minutes in an action by stockbrokers to recover the balance of an account.
1Dissent
Clarke, J. (dissenting):
This is an action brought by a firm of stockbrokers against a customer to recover $39,843.10 balance claimed to be due upon a speculative account. The complaint alleged that upon the defendant’s request and on margin supplied by him, plaintiffs had bought and sold on account various stocks on the New York Stock- Exchange and advanced divers sums of money to and for the use of defendant in such transactions at divers times from the 9th of July, 1906, to the 1st day of October, 1907, and that as a result of said transactions defendant became and was indebted to…
2Cases cited11 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Markham v. . JaudonNew York Court of Appeals · 1869
- Ganley v. . Troy City National BankNew York Court of Appeals · 1885
- Douglas v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1897
- Caruthers v. MooreTennessee Supreme Court · 1851
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