Barber v. Ellingwood
Appellate Division of the Supreme Court of the State of New York
' Appeal by the defendants, Charles II. Ellingwood and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of ¡New York on the 31st day of March, 1909, upon the verdict of a jury, and also from all order entered in said.clerk’s office on the 5th day of April, 1909, denying the defendants’ motion for a new trial' made upon the minutes.
1Opinion of the Court
¡Laughlir, J.:
The defendants are copartners conducting business as stockbrokers in the city of ¡New York under the firm name of O. II. Ellingwood & Co. The plaintiff became one of their customers and he brings this action with respect to transactions had with them, without making it entirely clear by the allegations of his complaint whether it is -brought on the theory of conversion or of contract, but it should probably be regarded as an action to recover the damages sustained by the customer on account of breaches of the contract by the brokers. On a former appeal herein ■ one of the…
2Cases cited9 opinions
- Wright v. . Bank of the MetropolisNew York Court of Appeals · 1888
- Mullen v. J. J. Quinlan & Co.New York Court of Appeals · 1909
- Content v. . BannerNew York Court of Appeals · 1906
- Burhorn v. LockwoodAppellate Division of the Supreme Court of the State of New York · 1902
- White v. . SmithNew York Court of Appeals · 1874
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3Cited by4 opinions
- Barber v. EllingwoodAppellate Division of the Supreme Court of the State of New York · 1910
- Barber v. EllingwoodAppellate Division of the Supreme Court of the State of New York · 1911
- Satterwhite v. Harriman Nat. Bank & Trust Co.District Court, S.D. New York · 1935
- Stone v. AllenNew York Supreme Court · 1936