Timpson v. Allen
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by Cornelius F. Timpson against Henry Allen and another for an accounting against the defendants as brokers, and for the value of 100 shares of stock purchased and held by them on plaintiff’s account. The referee found $2,303.76 due from defendants to plaintiff, with interest from Hovember 15, 1S92, and gave judgment accordingly, and defendants appeal. Affirmed.
1Opinion of the CourtDaly, C. J.
The defendants, Henry Allen & Co., were grain and stock brokers in the city of Hew York, and W. J. H. Ballard was employed in their office. He was not hired by the firm, but by one Palmeter, an employe of the firm, and received a salary, which was paid by the firm, but charged to Palmeter. His employment in and about the office and business of the defendants was ostensibly that of a clerk, or of one connected with the business, and transacting it with and for the firm’s customers. He solicited custom and business for the defendants, and actually had authority to direct the opening of accounts…
2Cases cited2 opinions
- Sims v. . U.S. Trust Co. of New YorkNew York Court of Appeals · 1886
- Willard v. WhiteNew York Supreme Court · 1890
3Cited by2 opinions
- Gardner v. HermannSupreme Court of Minnesota · 1911
- Briggs v. KennettNew York Court of Common Pleas · 1894