Yates v. Sammond — 5 Thomp. & Cook 688

Majority

p. 688

Yates v. Sammond.

Headnote

Appeal "by defendant from a judgment in favor of plaintiff, entered upon the report of a referee.

The action was brought in Kings county by Robert Yates against John Sammond to recover moneys deposited with defendant, a stock broker, as a margin, and also the profits of a certain purchase and sale of stock made by defendant for plaintiff.

Beach & Beman and J. S. L. Cummins, for appellant.

Abel Crook, for respondent.

The judgment was affirmed on the ground that the question was one of fact, that the decision of the referee being upon conflicting evidence, would not be interfered with.

Judgment affirmed.