Barber v. Ellingwood
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Clarence L. Barber, from so much of a judgment of the Supreme Court in favor of the plaintiff, entered in the offic.e of the clerk of the county of New York on the 17th day of September, 1909, upon the verdict of a jury as awards to him the sum of $1,100 only, instead of the sum of $1-,144.85 and the interest thereon from November 14,1906, with notice of an intention to bring up for review an order entered in said clerk’s office on the 15th day of…
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Appeal by the plaintiff, Clarence L. Barber, from so much of a judgment of the Supreme Court in favor of the plaintiff, entered in the offic.e of the clerk of the county of New York on the 17th day of September, 1909, upon the verdict of a jury as awards to him the sum of $1,100 only, instead of the sum of $1-,144.85 and the interest thereon from November 14,1906, with notice of an intention to bring up for review an order entered in said clerk’s office on the 15th day of September, 1909, denying the plaintiff’s motion to correct the verdict by adding interest thereon. Also an appeal by the…
1Opinion of the Court
Laughlin, J.:
Thése appeals were brought on and argued separately but, on the suggestion of counsel, we deemed it proper to withhold decision in *706the one argued first And. to decide them- together. The defendants were brokers arid the plaintiff was one of their customers. ’ Prior .to the 20th day of September, 1906, the plaintiff’s business relations with the defendants were represented by two accounts on their books, known as Hos. 1 and 2, and on that day lie opened, a third account known as Ho. 3. Account Ho. 2 was closed to the mutual satisfaction pf the parties and it is not involved in the…
2Cases cited14 opinions
- Baker v. . DrakeNew York Court of Appeals · 1873
- Wright v. . Bank of the MetropolisNew York Court of Appeals · 1888
- Stearns v. MarshNew York Supreme Court · 1847
- Davis v. . BlissNew York Court of Appeals · 1907
- Honsinger v. . Union Carriage Gear Co.New York Court of Appeals · 1903
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Ripley v. StorerNew York Court of Appeals · 1956
- Silberstein v. . SilbersteinNew York Court of Appeals · 1916
- Scott v. WaggonerMontana Supreme Court · 1914
- McIntyre v. WhitneyAppellate Division of the Supreme Court of the State of New York · 1910
- Simon v. BierbauerAppellate Division of the Supreme Court of the State of New York · 1913
11 more not listed; retrieve them via the Exa API.