Legal Opinion · Dissent

Currie v. Sprague

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1910Published

Appeal from an interlocutory judgment, entered in the. New York county clerk’s office January 18, 1910, oyerruling a demurrer to a defense and counterclaim;

1Dissent

McLaughlin, j.

(dissenting).: The plaintiffs are copartners, doing a brokerage business under the name of Currie & Boyce. The complaint sets up three separate causes of action: (1) That On the 16th "of January, 1907, defendant had an account with the firm of Currie, Maride & Co., stock"brokers, which; upon that day, became an account stated and showed an indebtedness on the part of the defendant of some $92,000, payment of which was secured by 100 shares of stock of a railroad company and 771 shares of stock of another corporation; that on the date named the account and security -were…

2Cases cited12 opinions

  1. Baker v. . DrakeNew York Court of Appeals · 1873
  2. Knapp v. . the City of BrooklynNew York Court of Appeals · 1884
  3. Butler v. VieleNew York Supreme Court · 1861
  4. Weed v. SmullNew York Court of Chancery · 1839
  5. New York & Mount Vernon Transportation Co. v. TyrolerAppellate Division of the Supreme Court of the State of New York · 1898

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