Wheeler v. Sedgwick
Supreme Court of the United States
Error to the Circuit Court of the United States for the Southern District of New York. This was an action of assumpsit by the defendant in error, assignee in bankruptcy of Frederick S. Comstock and James M. Wheeler, formerly partners engaged in business as stockbrokers under the firm name of F. S. Comstock & Co., against George M. Wheeler, to recover certain moneys claimed to be due on account of stock operations of. said firm on his account.
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Error to the Circuit Court of the United States for the Southern District of New York. This was an action of assumpsit by the defendant in error, assignee in bankruptcy of Frederick S. Comstock and James M. Wheeler, formerly partners engaged in business as stockbrokers under the firm name of F. S. Comstock & Co., against George M. Wheeler, to recover certain moneys claimed to be due on account of stock operations of. said firm on his account. The case below turned upon the question whether Comstock & Co. had authority from Wheeler to make certain purchases and sales on his account, and, if…
1Opinion of the CourtChief Justice Waite
We find no error in this record. To say tbe least, There was some evidence before the jury tending to prove the items of the account upon which the suit was brought, and the court, therefore, properly refused to instruct the jury to find for the defendant.
The jury were not instructed that the plaintiff was entitled to recover the amount of $26,458.90 at all events, but only in case all the questions in dispute were found in his favor. That there was no controversy as to the amount of the recovery, if the other questions were settled in favor of the plaintiff, is evident from the fact that a…
2Cited by5 opinions
- Robinson & Co. v. BeltSupreme Court of the United States · 1902
- National Bank of Commerce v. LaughlinSupreme Court of Missouri · 1924
- M. Lewis & Sons v. Illinois Cent. R.Tennessee Supreme Court · 1923
- Perry v. First National BankMissouri Court of Appeals · 1936
- Traver v. SmolikCourt of Appeals for the D.C. Circuit · 1915