Legal Opinion

Niles v. Havens

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

Decided November 18, 1921Published

Appeal by the defendant, Edwin B. Havens, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 7th day of October, 1920, upon the verdict of a jury, and also from an order entered jn said clerk’s office on the 3d day of November, 1920, denying defendant’s motion to set aside the verdict and for a new trial made upon the minutes.

1Opinion of the Court

Dowling, J.:

This action was brought to recover the sum of $362.50 with interest from June 8, 1907, for the conversion of certain stock belonging to the plaintiff. The complaint sets forth that the defendants were copartners in business as stockbrokers and that on March 26, 1907, plaintiff purchased through them as brokers 100 shares of the common stock of the Rock Island Railroad Company of the par value of $100 each, for $1,800; that plaintiff deposited with defendants as security for the purchase of the said stock and their commissions as brokers and the interest charges for carrying the…

2Cases cited4 opinions

  1. Wood v. . FiskNew York Court of Appeals · 1915
  2. Kavanaugh v. . McIntyreNew York Court of Appeals · 1914
  3. Kavanaugh v. McIntyreAppellate Division of the Supreme Court of the State of New York · 1908
  4. Manheim v. LoeweAppellate Division of the Supreme Court of the State of New York · 1918

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