Timpson v. . Allen
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Mew York, entered upon an order made February 28,1894, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. : The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Mew York, entered upon an order made February 28,1894, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. : The nature of the action and the facts, so far as material, are stated in the opinion. The apparent agency of W. J. H. Ballard, in the office of the defendants, did not cover the concealment from his principals of the actual parties interested in accounts, either by placing such accounts in his own name, or otherwise. (Edwards v. Dooley, 120 N. Y. 540;…
1Opinion of the CourtBartlett, J.
The plaintiff sues the defendants, who aré stockbrokers doing business under the firm name of Henry Allen & Co., as his brokers, for an accounting including damages by reason of defendants’ refusal to deliver one hundred shares of stock of the Tennessee Coal and Iron Company.
The important question presented by this appeal is whether, iipon the facts as found, the defendants were acting as the brokers of the plaintiff during the period mentioned in the complaint, being from September 30th, 1891, to November 15th, 1892.
The learned referee found in favor of plaintiff on this question, and…
2Cases cited4 opinions
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- Edwards v. . DooleyNew York Court of Appeals · 1890
- Argersinger v. . MacNaughtonNew York Court of Appeals · 1889
- McWilliams v. . MasonNew York Court of Appeals · 1865
3Cited by17 opinions
- Rolfe v. . HewittNew York Court of Appeals · 1920
- Clark v. Harnischfeger Sales Corp.Appellate Division of the Supreme Court of the State of New York · 1933
- Maryland Casualty Co. v. Central Trust Co.New York Court of Appeals · 1948
- Ring v. Long Island Real Estate Exchange & Investment Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Bjorgo v. First National Bank of EmmonsSupreme Court of Minnesota · 1914
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