Smith v. . Savin
New York Court of Appeals
Cross-appeals from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 31, 1893, which affirmed a judgment in favor of plaintiff entered upon the report of a referee.
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Cross-appeals from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 31, 1893, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to restrain the defendants Francis W. Savin and Elisha W. Vanderhoof, composing the firm of Savin & Co., from paying over to the defendant John Wheeler, as assignee and receiver of O. M. Bogart & Co., the proceeds of sale of 100 shares of Missouri Pacific stock, and to have the same adjudged to be the property of plaintiff. All parties to this…
1Opinion of the CourtPeckham, J.
The defendants Savin & Co. make a preliminary objection to the maintenance of this judgment on the ground that the plaintiff has elected by the form of his original complaint to treat the sale of the stocks as a valid and regular sale, and assuming its validity he has asked to recover from defendants Savin & Co. only the amount which they received from such sale. The present form of the action the defendants say is inconsistent with the original, for the reason that the cause of action as now set up is based upon the alleged illegal character of the sale of the plaintiff’s stock and the…
2Cases cited5 opinions
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Wright v. . Bank of the MetropolisNew York Court of Appeals · 1888
- Farwell v. Importers & Traders' National Bank of New YorkNew York Court of Appeals · 1882
- Thompson v. St. Nicholas National BankNew York Court of Appeals · 1889
3Cited by35 opinions
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- Broadwater v. Old Republic SuretyUtah Supreme Court · 1993
- Burhorn v. LockwoodAppellate Division of the Supreme Court of the State of New York · 1902
- Anderson v. First Nat. BankNorth Dakota Supreme Court · 1895
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