Clarke v. Meigs
The Superior Court of New York City
Appeal by both the plaintiff and the defendants from a judgment entered upon a verdict in favor of plaintiff. This action was brought against Charles A. Meigs, Augustus W. and E. B. Greenleaf, for an alleged violation of their duty in selling certain stocks. A decision upon a demurrer to the complaint is reported in 13 Abb. Pr., 467, S. O., 22 How.
Read the full summary
Appeal by both the plaintiff and the defendants from a judgment entered upon a verdict in favor of plaintiff. This action was brought against Charles A. Meigs, Augustus W. and E. B. Greenleaf, for an alleged violation of their duty in selling certain stocks. A decision upon a demurrer to the complaint is reported in 13 Abb. Pr., 467, S. O., 22 How. Pr., 340. The defendant having subsequently answered, the action came on for trial before Mr. Justice Mohell and a Jury, on the 19th day of February, 1862. It appeared that, on the 15th November, 1860, the plaintiff gave to the defendants, who are…
1Dissent
Robertson, J.,
(dissenting.) On a motion for a new trial by the defendants, this Court at Special Term determined not to grant one, if the plaintiff would consent to reduce the verdict by a certain sum. He did so: The refusal of a new trial was therefore a benefit obtained by the plaintiff, and an injury wrought to the defendants by his stipulation. It has been held, in many cases, that a benefit obtained by one party, in judicial proceedings, by admissions or stipulations made by him, precludes him from seeking to get rid of the effect of such admissions or stipulations. A party proceeding on…
2Cases cited3 opinions
- Hart v. EyckNew York Court of Chancery · 1816
- Orman v. PhelpsNew York Supreme Court · 1850
- Reynolds v. ChurchNew York Supreme Court · 1805