Mayer v. Monzo
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Marcus Mayer and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 1st day of December -1911, upon the dismissal of the complaint and the verdict of a jury rendered by direction of the court upon the defendant’s counterclaim for $13,623.81, and also from an order entered in said clerk’s office on the 2d day of December, 1911, denying the plaintiffs’ motion for…
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Appeal by the plaintiffs, Marcus Mayer and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 1st day of December -1911, upon the dismissal of the complaint and the verdict of a jury rendered by direction of the court upon the defendant’s counterclaim for $13,623.81, and also from an order entered in said clerk’s office on the 2d day of December, 1911, denying the plaintiffs’ motion for a new trial made upon the minutes in an action by stockbrokers to recover the balance of an account.
1Opinion of the Court
Scott, J.:
I do not' think that this judgment can be sustained. The facts have been so carefully and exhaustively stated by Mr. Justice Clarke that it is unnecessary to restate them.
The counterclaim upon which the defendant has recovered was a claim for damages for conversion of stocks, and as the pleadings stood when judgment was rendered the defendant relied upon two inconsistent allegations of conversion, one committed on October 22, 1907, and one committed prior thereto. As the answer was originally drawn the conversion is stated as having taken place October twenty-second, and to have…
2Cited by8 opinions
- Wood v. . FiskNew York Court of Appeals · 1915
- Scheuer v. Salmon Weed & Co.Court of Appeals for the Second Circuit · 1931
- Turner v. SchwarzCourt of Appeals of Maryland · 1922
- Rogers v. ThomsonAppellate Division of the Supreme Court of the State of New York · 1926
- Cook v. FlaggCourt of Appeals for the Second Circuit · 1918
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