16 Daly 142 | New York Court of Common Pleas | 1890
The main controversy in this action was on the facts. There was a direct conflict of evidence between the parties upon all the material facts, but as defendant was corroborated in so many important points by plaintiff’s own letters, we do not see how the learned referee could have reached any other conclusions than those embodied in Ms report. The defendant was not legally obligated to sell and realize upon the stock he holds as partial security for the debt before counter-claiming and demanding judgment for the whole amount. Defendant claims, and the referee has found, that defendant has been holding this stock for plaintiff’s account for several