Fitchthorne v. Barclay, Moore & Co.

Lewis, J.,

Averring that the defendants, with whom he carried a margin account, sold out 6300 shares of the stock standing in said account, “without proper and sufficient notice to the plaintiff that the margin was near exhaustion,” and “without reasonable notice of the intention to sell securities,” plaintiff seeks to recover damages for the conversion. In their *84affidavit of defense the defendants denied any impropriety in the making of the sale, set up an agreement by plaintiff waiving notice of an intention to sell, but alleging that in any event proper notice was given. Under the head of…