Quincey v. Young
New York Court of Common Pleas
Appeal by defendants from an order at special term, denying a motion to have the cause sent back to the referee before whom it was tried, and have him find specifically on certain questions of facts raised by the defendants.
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Appeal by defendants from an order at special term, denying a motion to have the cause sent back to the referee before whom it was tried, and have him find specifically on certain questions of facts raised by the defendants. The action was brought by the plaintiff, as the assignee of Heath & Co., against the defendants, to recover a balance of account due Heath & Co. for commissions, money advanced, &e., during the course of a transaction- in which the defendants employed Heath & Co. as their brokers, for the purchase and sale of stocks. The amount was not denied, but it was alleged that the…
1Opinion of the CourtLarremore, J.
The main issue raised by the pleadings was whether there was a joint liability on the part of the defendants. The referee has decided against them on this point, and the facts upon which such liability is founded, are separately stated in his report. The defendants claim that there should have been a further finding of facts upon the requests made, viz.: the several acts of Heath & Co. in dividing the stock and settling with Woodward & White, and other acts on their part tending to establish a severance of the account—the settlement with Woodward & White, and the individual liability of Young.
2Cases cited6 opinions
- Van Slyke v. . HyattNew York Court of Appeals · 1871
- Casler v. . ShipmanNew York Court of Appeals · 1866
- Sermont v. BaetjerNew York Supreme Court · 1867
- Manley v. President & Directors of the Insurance Co. of North AmericaNew York Supreme Court · 1869
- Priest v. PriceNew York Court of Appeals · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Conlan v. GraceSupreme Court of Minnesota · 1886
- Buswell v. LincksNew York Court of Common Pleas · 1880
- James v. BurchellNew York Court of Common Pleas · 1878