Kessler v. . Herklotz
New York Court of Appeals
Appeal from a judgment entered December 5, 1906, ujion an order of the Appellate Division of the Supreme Court in the first judicial department, which overruled defendants’ exceptions ordered to be heard in the first instance by the Appellate Division, denied a motion for a new trial and directed judgment for plaintiffs on the verdict directed by the trial court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment entered December 5, 1906, ujion an order of the Appellate Division of the Supreme Court in the first judicial department, which overruled defendants’ exceptions ordered to be heard in the first instance by the Appellate Division, denied a motion for a new trial and directed judgment for plaintiffs on the verdict directed by the trial court. The nature of the action and the facts, so far as material, are stated in the opinion. The direction of the verdict cannot stand upon the construction given by the Appellate Division to the cablegram from Lurmau to the plaintiffs.…
1Opinion of the Court
Cullen, Ch. J.
This action is brought to recover money claimed to have been paid by mistake under the following circumstances: The plaintiffs were bankers and commission merchants and the defendants were brokers, both doing business in the city of Hew York. Garbrecht & Company was a business firm in Bremen, Germany, and Luerman & Son a firm of bankers in the same city. Garbrecht & Company were the agents of the defendants, who secured for them orders in Germany for the purchase and sale of coffee, cotton and cereals. These orders were to be executed in Hew York and were of a speculative…
2Cases cited2 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Dambmann v. . SchultingNew York Court of Appeals · 1878
3Cited by4 opinions
- In re the Estate of WeltonNew York Surrogate's Court · 1931
- In re the Estate of BurroughsNew York Surrogate's Court · 1930
- Kessler v. HerklotzAppellate Division of the Supreme Court of the State of New York · 1909
- Hastings Pavement Co. v. CromwellNew York Supreme Court · 1910