Legal Opinion
Polstein v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided January 19, 1934PublishedCited by 2 opinions
1Opinion of the CourtMartin, J.
The guardian ad litem of Lila Polstein, an infant about four years of age, brought this action against the defendants, who are stockbrokers, to recover damages in the sum of $20,950.
The complaint alleges that the infant was a customer of the defendants and charges them with failure to execute her order to sell. There are three causes of action set forth in the complaint, namely, breach of contract, negligence and conversion.
The amended answer denies the material allegations of the complaint and alleges as a first defense that the plaintiff is not the real party in interest ; that the account…
2Cases cited7 opinions
- Jamison v. LambornAppellate Division of the Supreme Court of the State of New York · 1923
- A. F. Hutchinson Land Co. v. Whitehead Bros.New York Supreme Court · 1926
- Buhler v. WentworthNew York Supreme Court · 1854
- A. F. Hutchinson Land Co. v. Whitehead Bros.Appellate Division of the Supreme Court of the State of New York · 1926
- Taylor v. RichardsThe Superior Court of New York City · 1863
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3Cited by2 opinions
- W. T. Grant Co. v. Uneeda Doll Co.Appellate Division of the Supreme Court of the State of New York · 1963
- Morey v. Sealright Co.New York Supreme Court · 1964