Chittenden v. Morris
New York Supreme Court
Appeal from special term, New York county. Action by Horace H. Chittenden, as assignee of A. S. Hatch & Co., against. Charles 0. Morris, the Farmers’ Loan & Trust Company, and others, to recover the amount of a deposit. The complaint was dismissed at the trial, and plaintiff appeals.
1Opinion of the CourtDaniels, J.
The fact was proved upon the trial that Gustavus Maas, on the 24th of December, 1886, by a memorandum which he executed, sold to White, Morris & Co. $20,000 Troy & Boston seconds, at 75 cents. On the same day, and by a similar instrument, he sold to the same parties $30,000' of the same securities. The memorandum subscribed by him was the same in each instance, with the exception of the amount. That for the $30,000 is in the following words and figures: “Sold White, Morris & Co. $30,000 Troy & Boston 2nd, 75 reg. G. Maas. Bee. 24, 1886.” By these memoranda, as they were explained by the…
2Cases cited9 opinions
- Dung v. . ParkerNew York Court of Appeals · 1873
- White v. . RintoulNew York Court of Appeals · 1888
- Abbott v. DraperNew York Supreme Court · 1847
- Ackley v. . ParmenterNew York Court of Appeals · 1885
- Howe v. HaywardMassachusetts Supreme Judicial Court · 1871
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3Cited by2 opinions
- Fogal v. PageNew York Supreme Court · 1891
- Dunne v. RobinsonNew York Supreme Court · 1907