Minor v. . Beveridge
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt in the first judicial department, entered upon an order made January 13, 1893, which overruled plaintiff’s exceptions and ordered judgment in favor of defendant upon a decision of the court on trial at Circuit dismissing the complaint. The nature of the action and the facts, so far as material, are set forth in the opinion. The sale made by Gallaudet & Co. did not constitute a conversion.
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Appeal from judgment of the General Term of the Supreme Oourt in the first judicial department, entered upon an order made January 13, 1893, which overruled plaintiff’s exceptions and ordered judgment in favor of defendant upon a decision of the court on trial at Circuit dismissing the complaint. The nature of the action and the facts, so far as material, are set forth in the opinion. The sale made by Gallaudet & Co. did not constitute a conversion. Gillett v. Whiting, 120 N. Y. 403 ; Gruman v. Smith, 81 id. 25 ; Capron v. Thompson, 86 id. 419; Porter v. Wormser, 91 id. 431; Galligher v.…
1Opinion of the CourtBartlett, J.
The plaintiff, as assignee for the benefit of creditors of P. W. Gallaudet & Co., stock brokers, sued the defendant to recover a balance alleged to be due from her on a speculative account which she had with Gallaudet & Co. at the time of their failure, I4ovember 10th, 1890.
The cause was brought on for trial at a circuit court in the city of 24ew York and at the close of plaintiff’s case the complaint was dismissed and the exceptions ordered to be heard in the first instance at the general term. The general term overruled the exceptions and ordered judgment for defendant, dismissing…
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