Brooker v. Filkins
New York Court of Common Pleas
Appeal from city court, general term. Action by Smith A. Brooker and another against John Filkins. From a judgment of the city court (25 N. Y. Supp. 514) affirming a judgment in favor of defendant, plaintiffs appeal.
1Opinion of the CourtBookstaver, J.
The complaint alleged that between April 1, 1889, and December 16, 1889, the defendant, as agent for the plaintiffs, collected of different parties in the city of New York certain sums, aggregating $206.20, and converted the same to his own use. The answer of the defendant denied this allegation, and set up a counterclaim for services rendered. No certificate is contained in the case to the effect that all of the evidence given upon the trial is included therein, and the record shows upon its face that documentary evidence, apparently of importance, has been omitted. No motion was made for…
2Cases cited6 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Arnstein v. HaulenbeekNew York Court of Common Pleas · 1890
- Wilmore v. . FlackNew York Court of Appeals · 1884
- Schwinger v. . RaymondNew York Court of Appeals · 1887
- Paige v. ChedseyNew York Court of Common Pleas · 1893
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3Cited by2 opinions
- Soule v. VeyracNew York Court of Common Pleas · 1895
- Empire Trust Co. v. DevlinAppellate Terms of the Supreme Court of New York · 1904