Kissam v. Squires
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Leila H. B. Kissam, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Mew York on the 3d day of September, 1903, upon the report of a referee. This action was brought by a client against an attorney to compel him to account to her for money which she had paid to him for the purpose of having him safely invest it in six per cent real estate mortgages in the city of Mew York.
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Appeal by the plaintiff, Leila H. B. Kissam, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Mew York on the 3d day of September, 1903, upon the report of a referee. This action was brought by a client against an attorney to compel him to account to her for money which she had paid to him for the purpose of having him safely invest it in six per cent real estate mortgages in the city of Mew York. The referee, upon the rendition of the defendant’s account, found that there was nothing with which the defendant was chargeable.…
1Opinion of the Court
Hatch, J.:
The finding that “ the defendant did not exercise a reasonable diligence or such care or skill as is ordinarily possessed by persons of common capacity engaged in the same business,” required as a legal conclusion that the defendant should be charged with the amount of the loss on the Bartlett loans. The learned referee concluded, however, that the instrument signed by the plaintiff was a ratification of the defendant’s acts in connection with this loan, and consequently released him from the effect of his negligence in that transaction. The proof is abundant to show that the…
2Cases cited6 opinions
- Adair v. . BrimmerNew York Court of Appeals · 1878
- Barnard v. . GantzNew York Court of Appeals · 1893
- Cumberland Coal & Iron Co. v. ShermanNew York Supreme Court · 1859
- Nesbit v. . LockmanNew York Court of Appeals · 1866
- New York Life Insurance & Trust Co. v. KaneAppellate Division of the Supreme Court of the State of New York · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hallow v. HallowAppellate Division of the Supreme Court of the State of New York · 1922
- In re the Judicial Settlement of the Account of Proceedings, of UngrichNew York Surrogate's Court · 1921
- Bruff v. Rochester Trust & Safe Deposit Co.New York Supreme Court · 1925
- In re WeinbergAppellate Division of the Supreme Court of the State of New York · 1929
- In re the Estate of AmusoNew York Surrogate's Court · 1958
1 more not listed; retrieve them via the Exa API.