O'Brien v. Dwyer
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Onondaga county. Action by Henry O’Brien and others, constituting the Syracuse-Stock & Grain Company, against John J. Dwyer and Clarence E. Cooley. From an order of the special term, denying the motion of the defendants dismissing the complaint and for judgment on the second counterclaim contained in the answer of defendant Cooley, defendants appeal.
1Opinion of the CourtSpring, J.
The complaint shows that the plaintiffs, as copart-ners, were engaged in the stock brokerage business in the city of' Syracuse; that one Spencer was a local broker in Canandaigua, in this state, operating wholly through the plaintiffs; that on May 9, 1901, defendant Cooley was indebted to the plaintiffs in the sum of $800 for margins on stock transactions carried on through Spencer at the instance of Cooley; that for the purpose of making good this indebtedness the said Cooley paid said sum to Spencer, to be delivered to the plaintiffs; that Spencer was improperly and unlawfully induced by…
2Cases cited8 opinions
- Carpenter v. . Manhattan Life Ins. Co.New York Court of Appeals · 1883
- Ter Kuile v. MaralandNew York Supreme Court · 1894
- Cooper v. KippAppellate Division of the Supreme Court of the State of New York · 1900
- Savage v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1900
- Smith v. RoweAppellate Division of the Supreme Court of the State of New York · 1900
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