Rothschild v. Allen
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Henry Allen and another, 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 22d day of April, 1903, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the lltli day of May, 1903, denying the defendants’ motion for a new trial made- upon the minutes.
1Opinion of the Court
Hatch, J.:
This action is brought to recover damages for a claimed tortious act of the defendants in converting certain stocks, the property of plaintiff’s assignor, Jacob M. Frank. It is averred in the complaint and admitted in the answer that the defendants were stockbrokers, and, as such, bought upon margin for Frank'200 shares of Anaconda Mining Company and 200 shares of American Smelting and Refining Company stock, upon which Frank had deposited $5,000 with the defendants to margin the same. There had been other transactions between the parties not material to be now considered. It was…
2Cases cited5 opinions
- Markham v. . JaudonNew York Court of Appeals · 1869
- Lawrence v. . MaxwellNew York Court of Appeals · 1873
- Sherman v. . ElderNew York Court of Appeals · 1862
- Douglas v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1897
- Fitch v. . RathbunNew York Court of Appeals · 1875
3Cited by11 opinions
- Mayer v. . MonzoNew York Court of Appeals · 1917
- Kittredge v. GrannisNew York Court of Appeals · 1926
- Turner v. SchwarzCourt of Appeals of Maryland · 1922
- Rogers v. ThomsonAppellate Division of the Supreme Court of the State of New York · 1926
- Strickland v. MagounAppellate Division of the Supreme Court of the State of New York · 1907
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