Ernst v. Levi
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Berthold Levi, from an order of the Supreme Court, made at the New York Special Term and entered in the office óf the clerk of the county of New York on the 8th day of August, 1911, denying the defendant’s motion to vacate an order for his examination before trial.
1DissentIngraham, P. J.
The plaintiffs, as trustees in bankruptcy of the stock brokerage firm of J. M. Eiske & Go., seek to recover in this action the sum of $45,970.51 due to the bankrupt on account of the purchase and sales of stocks and securities by the bankrupt for, on account and at the request of the defendant, the complaint alleging that an account- showing that balance was ' stated between the plaintiffs and defendant. The defendant denies the stating of the account and then sets up, as an *282affirmative defense that, upon the representations of one Has-kins, the defendant was induced to participate in a pool…
2Cases cited2 opinions
- Herbage v. . City of UticaNew York Court of Appeals · 1888
- Alden v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1910