Clarke v. Meigs
The Superior Court of New York City
Appeal by both the plaintiff and the defendants from a judgment entered upon a verdict in favor of plaintiff. This action was brought against Charles A. Meigs, Augustus W. and E. B. Greenleaf, for an alleged violation of their duty in selling certain stocks. A decision upon a demurrer to the complaint is reported in 13 Abb. Pr., 467, S. O., 22 How.
Read the full summary
Appeal by both the plaintiff and the defendants from a judgment entered upon a verdict in favor of plaintiff. This action was brought against Charles A. Meigs, Augustus W. and E. B. Greenleaf, for an alleged violation of their duty in selling certain stocks. A decision upon a demurrer to the complaint is reported in 13 Abb. Pr., 467, S. O., 22 How. Pr., 340. The defendant having subsequently answered, the action came on for trial before Mr. Justice Mohell and a Jury, on the 19th day of February, 1862. It appeared that, on the 15th November, 1860, the plaintiff gave to the defendants, who are…
1Opinion of the Court
Bosworth, Ch. J.
The defendants did not except to the charge as made, but took several exceptions to refusals to charge as requested.
The defendants sold the stock on the 19th of November, 1860. The main question of fact submitted to the Jury was, whether the defendants agreed on the 19th, to hold the stock until the 20th, without a further deposit being made on the 19th. On the 19th, at the lowest price of the stock, the defendants were indemnified by the deposits in their hands, against all the depreciation that had. occurred after they made the contract to purchase, up to that time, and had…
2Cases cited4 opinions
- Raymond v. BearnardNew York Supreme Court · 1815
- Flynn v. McKeonThe Superior Court of New York City · 1856
- Clark v. HallockNew York Supreme Court · 1837
- Crane v. MaynardNew York Supreme Court · 1834
3Cited by4 opinions
- Grunberg v. BlumenlahlCity of New York Municipal Court · 1883
- Rogers v. . WileyNew York Court of Appeals · 1892
- Newman v. Woodcock, New York County Courts1896
- Newman v. WoodcockOneida County Court · 1896