Waters v. Marrin
New York Court of Common Pleas
Appeal from a 'judgment of the General Term of the Marine Court of the City of New York (now the City Court of New York) entered upon the verdict of a jury rendered by direction of the court and an order denying a motion for a new trial.
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Appeal from a 'judgment of the General Term of the Marine Court of the City of New York (now the City Court of New York) entered upon the verdict of a jury rendered by direction of the court and an order denying a motion for a new trial. The action was brought for money alleged to have been received by defendants from the sale by them, as plaintiffs’ brokers, of certain shares of stock of the Fairfax Mining Company, which were delivered by plaintiffs to defendants for that purpose at the City of New York, upon being notified of such sale. The stock was, in fact, sold by defendants at San…
1Opinion of the Court
Charles P. Daly, Chief Justice.
The facts of this case, as established by the evidence, are correctly stated in the opinion of Judge MoAdam, and I agree in his conclusion upon the facts.
There is no ground in the evidence for the argument upon the appeal that this was part of a continuous trans*448action- of debits and credits for the purchase and sale of stock. The evidence shows it to have been a distinct and independent transaction. The defendant Marrin testified that there had been ten or twelve transactions previous to this ..during the course of the year, nearly all of which it was necessary…
2Cases cited2 opinions
- O'Neill v. . JamesNew York Court of Appeals · 1870
- White v. MeyerNew York Court of Common Pleas · 1878
3Cited by1 opinion
- Mann v. SandsCity of New York Municipal Court · 1882