Legal Opinion

Wilson v. . Doran

New York Court of Appeals

Decided June 19, 1888PublishedCited by 18 opinions

Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court. (Reported below, 46 Hun, 88.) This action was brought to recover a balance alleged to be due upon a stock transaction.

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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court. (Reported below, 46 Hun, 88.) This action was brought to recover a balance alleged to be due upon a stock transaction. The complaint alleged, in substance, that the defendants were copartners and' brokers, and, as such, had a transaction with George W. Wilson, upon which they became indebted to him in-the sum of $600. The complaint' set out…

1Opinion of the CourtAndrews, J.

It was held by the General Term that the title of the plaintiff to the demand in suit was put in issue by the pleadings, and we concur in that opinion. (Bennett v. Leeds Manfg. Co., MSS., decided June 19, 1888. * ) There was no substantial conflict in the evidence upon the point that the original assignor, before his assignment to Davis & Co., had, by virtue of a general assignment for the benefit of his creditors, transferred all his interest in the stock transaction out of which the claim in controversy arose, to his general assignee. If there was nothing else in the case, the nonsuit, was…

2Cases cited4 opinions

  1. Becker v. . BoonNew York Court of Appeals · 1874
  2. Spalding v. VandercookNew York Supreme Court · 1829
  3. Brown v. FergusonNew York Supreme Court · 1846
  4. Murray v. BethuneNew York Supreme Court · 1828

3Cited by18 opinions

  1. Republic Ins. Co. v. Highland Park Independent School DistrictCourt of Appeals of Texas · 1938
  2. Mann v. . SproutNew York Court of Appeals · 1906
  3. Fleder v. ItkinNew York Court of Appeals · 1945
  4. Hadden v. FuquaSupreme Court of Georgia · 1942
  5. Ronald v. Mutual Reserve Fund Life Ass'nNew York Court of Appeals · 1892

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