Mitchell v. Boyer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Philip Boyer and others, as copartners, etc., 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 March, 1913, upon the verdict of a jury rendered hy direction of the court, and also from an order entered in said clerk’s office on the 28th day of March, 1913, denying defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
The plaintiff in December, 1910, was the owner of a certificate representing ten shares of the preferred stock of the American Locomotive Company. This certificate stood in the name of Frank W. Thomas, who had signed on the back thereof an assignment to plaintiff with a power of attorney to transfer the stock on the books of the company. At this time one W. W. Sayles was .a customer of defendants, who were a firm of stockbrokers. It does not appear and is not claimed that Sayles occupied any other relation to defendants than that of customer. He was jointly interested with one…
2Cases cited5 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Knox v. Eden Musee Americain Co.New York Court of Appeals · 1896
- Smith v. . SavinNew York Court of Appeals · 1894
- Hall v. WagnerAppellate Division of the Supreme Court of the State of New York · 1906
- Brady v. Mount Morris BankAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by4 opinions
- Jones v. CourtsCourt of Appeals of Georgia · 1940
- Jones v. CourtsCourt of Appeals of Georgia · 1940
- Mitchell v. BoyerAppellate Division of the Supreme Court of the State of New York · 1916
- Mitchell v. BoyerAppellate Division of the Supreme Court of the State of New York · 1916