Legal Opinion · Dissent

Champion v. . Joslyn

New York Court of Appeals

Decided September 28, 1871Published

Appeal from an order of the General Term.of the Sew York Court of Common Pleas, affirming a judgment entered upon a verdict in favor of the plaintiff.

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Appeal from an order of the General Term.of the Sew York Court of Common Pleas, affirming a judgment entered upon a verdict in favor of the plaintiff. The action was against the defendants Dorman, Joslyn & Co., brokers, alleging a balance due to the plaintiff, in brokerage transactions by them for him, on the 19th day of April, 1864, of $8,761.22, and payments thereon of $1,500, May 29, 1864, and $1,500, June 15,1864, and claiming to recover $5,583.37, with interest from June 15, 1864. The defendants, by their answer, admit that they were employed by the plaintiff as brokers in the purchase…

1Dissent

Earl, C. (dissenting.)

Upon the trial of this canse it was a controverted question whether the defendants-purchased the 200 shares of stock on the 14th day of April, 1864, and, as such, it was submitted to the jury. The defendants claimed, and gave evidence to show, that they did purchase the stock; and the plaintiff claimed that they did not purchase it.

The plaintiff made out his case, in the first instance, by introducing in evidence an account rendered to him by the defendants on or soon after the 19th day of April. The account purported to contain all the accounts between the parties down…

2Cases cited4 opinions

  1. Lockwood v. . ThorneNew York Court of Appeals · 1858
  2. Williams v. . GlennyNew York Court of Appeals · 1857
  3. Stephens v. VromanNew York Supreme Court · 1854
  4. Houston v. ShindlerNew York Supreme Court · 1851

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