Lombardo v. Case
New York Supreme Court
THE plaintiff sued on a contract made by the defendant, of which the following is a copy: “New York, October8, 1863. For value received, the bearer may call on me for one thousand shares of the stock of the Cleveland and Pittsburgh Railroad Company, at one hundred and seventeen (117) per cent, any time in six months from date, without interest. The bearer is entitled to all the dividends or surplus dividends declared during the time to half past one p. m. each day.
Read the full summary
THE plaintiff sued on a contract made by the defendant, of which the following is a copy: “New York, October8, 1863. For value received, the bearer may call on me for one thousand shares of the stock of the Cleveland and Pittsburgh Railroad Company, at one hundred and seventeen (117) per cent, any time in six months from date, without interest. The bearer is entitled to all the dividends or surplus dividends declared during the time to half past one p. m. each day. Watson B. Case.” The complaint alleged that by the general custom of brokers and dealers in stocks in the city of Hew York, the…
1Opinion of the CourtSutherland, J.
It is very clear that the complaint does not state a cause of action independent of the general custom of brokerage alleged in it, for the complaint alleges that the dividend claimed was announced previous to the date of the contract, and by the contract the bearer was entitled to all *97the dividends declared “during the time,” that is, during “six months from date” of contract.
[New York Special Term, November 6, 1865.
Now,-1 am of the opinion that the plaintiff would not be permitted on the trial to prove the alleged custom, for the reason that effect could not be given to the custom without…
2Cited by3 opinions
- Ford v. SnookAppellate Division of the Supreme Court of the State of New York · 1923
- Kvammen v. Meridean Mill Co.Wisconsin Supreme Court · 1883
- Larrowe v. LewisNew York Supreme Court · 1887