Work v. Beach
New York Supreme Court
Appeal from special term, New York county. Action by Frank Work and others against Miles Beach, The substance of the complaint is that defendant had two accounts with the plaintiffs, who were stock-brokers,—one an individual account, and the other a joint account with one Marston; that plaintiffs, not having sufficient margin upon the joint account, began an action upon it against defendant and Marston, to recover a balance due thereon, and defendant and Marston appeared and…
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Appeal from special term, New York county. Action by Frank Work and others against Miles Beach, The substance of the complaint is that defendant had two accounts with the plaintiffs, who were stock-brokers,—one an individual account, and the other a joint account with one Marston; that plaintiffs, not having sufficient margin upon the joint account, began an action upon it against defendant and Marston, to recover a balance due thereon, and defendant and Marston appeared and contested their liability; that before any trial defendant requested plaintiffs to discontinue said action, and sell…
1Opinion of the CourtVan Brunt, P. J.
It may not be at all necessary to add anything to the opinion of the court below, which satisfactorily, and we think conclusively, disposes of the questions raised upon this appeal. It may, however, be necessary to consider one or two points made by the counsel for the plaintiff, in which it is claimed that the court below misapprehended the theory of the complaint, in that the complaint excludes the idea that there was a new agreement which changed the original cause of action or discharged the original debt. We think that, upon an examination of this complaint, it clearly appears that the…
2Cited by8 opinions
- American Lithographic Co. v. Dorrance-Sullivan & Co.New York Court of Appeals · 1925
- Work v. BeachNew York Supreme Court · 1891
- Work v. BeachNew York Supreme Court · 1890
- Fleischmann Distilling Corp. v. Frontier Liquor Corp.New York Supreme Court · 1959
- Logan v. Fidelity-Phenix Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1918
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