Porter v. . Wormser
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made April 3, 1882, which affirmed a judgment in favor of defendants, 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 Superior Court of the city of New York, entered upon an order made April 3, 1882, which affirmed a judgment in favor of defendants, entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. When an agency is created or conferred by a written instrument, and grows wholly out of it, the nature and extent of the authority must be ascertained from the instrument itself, and camuqt be changed or enlarged by usage. (Gardner v. Smith, 6 Tenn. 591; Hogg v. Snaith, 1 Taunt. 347; Potter v.…
1Opinion of the CourtAndrews, J.
This action is brought to open and review an account between the parties, commencing July, 1878, and ending August, 1879, of transactions in the purchase and sale of stocks and government bonds. The defendants were stockbrokers, and also dealers in government bonds on then own account. They purchased and sold upon the orders and for .the account of the plaintiff from time to time during the period mentioned, stocks to a large amount, upon which the plaintiff realized a profit of $30,000 or thereabouts, which was credited to him by the defendants in his account.
The particular transaction…
2Cases cited6 opinions
- Dustan v. . McAndrewNew York Court of Appeals · 1870
- Pollen v. . Le RoyNew York Court of Appeals · 1864
- Cozine v. Graham & BleekerNew York Court of Chancery · 1830
- Gruman v. . SmithNew York Court of Appeals · 1880
- Capron v. . ThompsonNew York Court of Appeals · 1881
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3Cited by35 opinions
- Hamer v. . SidwayNew York Court of Appeals · 1891
- Crane v. . PowellNew York Court of Appeals · 1893
- Van Brocklen v. . SmeallieNew York Court of Appeals · 1893
- Moore v. . PotterNew York Court of Appeals · 1898
- Wells v. . MonihanNew York Court of Appeals · 1891
30 more not listed; retrieve them via the Exa API.