Brown v. . Gallaudet
New York Court of Appeals
Appeal from so much.of a judgment of the General Term of the Court of Common Pleas, in and for the city and county of Now York, as modified a judgment in favor of plaintiff, entered upon the report of a referee.
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Appeal from so much.of a judgment of the General Term of the Court of Common Pleas, in and for the city and county of Now York, as modified a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action, the modification in the judgment made by the General Term, and the facts, so far as pertinent, appear in the opinion. • The pendency of the Supreme Court action was no bar, even though the plaintiff might have set up his claim here as a counter-claim there. (Fabricotti v. Launtz, 3 Sandf., 743, 745; Lignot v. Reddin, 4 E. D. Smith, 285; Harris v. Hammond, 18…
1Opinion of the Court
Sapallo J.
This action was brought to recover various sums of money,-amounting in the aggregate to about $2,000, alleged to have been collected by the defendant, as the broker or agent of the plaintiff, in the years 1866, 1867, and 1868, and also certain securities which had been received by the defendant, as agent for the plaintiff, on loans made for his account to third parties. The referee found for the plaintiff on both claims, and on his report judgment was entered against the defendant for $3,649.82, for the money demand and the interest thereon, and also for the delivery of the…
2Cases cited1 opinion
- Halsey v. CarterThe Superior Court of New York City · 1853
3Cited by38 opinions
- Ruppert v. . HaugNew York Court of Appeals · 1881
- National Fire Insurance v. HughesNew York Court of Appeals · 1907
- Silberstein v. . BegunNew York Court of Appeals · 1922
- Brink's Express Co. v. BurnsAppellate Division of the Supreme Court of the State of New York · 1930
- Rosenberg v. SlotchinAppellate Division of the Supreme Court of the State of New York · 1917
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