Franklin v. Leiter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph Leiter, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of February, 1912, denying the said defendant’s motion for a separate trial of the issues as to his partnership with the other defendants.
1Opinion of the Court
Scott, J.:
The action is to recover losses sustained by plaintiff as the broker of a pool or partnership, said to have been composed of appellant, Joseph H. Hoadley and Cyrus Field Judson, which was engaged in the year 1902 in dealing speculatively in a certain stock. A sharply contested issue in the case is whether or not appellant was in fact a partner or coadventurer with the other defendants and, therefore, liable as principal for the orders given by them.
The action has been tried three times and has each time resulted in a judgment against all the defendants, and each judgment has been…
2Cases cited2 opinions
- Franklin v. HoadleyAppellate Division of the Supreme Court of the State of New York · 1906
- National Exchange Bank v. McFarlanNew York Supreme Court · 1891
3Cited by3 opinions
- In re the Guardianship of ClarkeNew York Surrogate's Court · 1932
- Franklin v. LeiterAppellate Division of the Supreme Court of the State of New York · 1915
- Kittredge v. LangleyAppellate Division of the Supreme Court of the State of New York · 1921