Jarvis v. Manhattan Beach Co.
New York Supreme Court
Motion for new trial on exceptions. Action for damages, brought by Nathaniel Jarvis, Jr., against the Manhattan Beach Company. The facts are stated in the opinion. At the trial, plaintiff having rested, defendant moved to dismiss the complaint on the ground that plaintiff had not made out a cause of action, which motion was granted.
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Motion for new trial on exceptions. Action for damages, brought by Nathaniel Jarvis, Jr., against the Manhattan Beach Company. The facts are stated in the opinion. At the trial, plaintiff having rested, defendant moved to dismiss the complaint on the ground that plaintiff had not made out a cause of action, which motion was granted. Plaintiff’s counsel then asked to go to the jury upon the folio wins: questions: “(1) The false representations made by the company, and the damage sustained by the plaintiff’s assignors. (2) Whether or not the plaintiff’s assignors, to their damage, relied and…
1Opinion of the CourtBarrett, J.
The plaintiff sues as assignee of a firm of stock-brokers, Edward C. Fox & Co. The action is for damages sustained under these circum*704stances: Fox & Co. were requested by one Fullerton to sell 100 shares of the defendant’s stock, standing in the name of B. Bignell. Fullerton was at the time the defendant’s transfer clerk. He handed Fox & Co. a certificate for the 100 shares, which appeared to be entirely genuine, but which in fact was not. It had appended to it the genuine signatures of the defendant’s president and assistant treasurer; and, at the defendant’s request, it had been regularly…
2Cases cited3 opinions
- Holbrook v. . New Jersey Zinc Co.New York Court of Appeals · 1874
- Leslie v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1875
- Coggill v. . the American Exchange BankNew York Court of Appeals · 1847
3Cited by5 opinions
- Fifth Avenue Bank v. Forty-second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1893
- F.A. Bank v. . F.S.S. G.S.F.R.R. Co.New York Court of Appeals · 1893
- American Exchange National Bank v. Woodlawn CemeteryAppellate Division of the Supreme Court of the State of New York · 1907
- Jarvis v. Manhattan Beach Co.New York Supreme Court · 1894
- Strang v. Westchester County National Bank of PeekskillAppellate Division of the Supreme Court of the State of New York · 1920