Coquard v. Weinstein
Montana Supreme Court
Appeal from Third Judicial District, 'Deer Lodge County. Action for money paid. The cause was tried before Woody, J. Plaintiff had judgment below. Statement of the case by the justice delivering the opinion.
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Appeal from Third Judicial District, 'Deer Lodge County. Action for money paid. The cause was tried before Woody, J. Plaintiff had judgment below. Statement of the case by the justice delivering the opinion. The plaintiff and respondent, a broker at St. Louis, Mo., on or about the 22d of September, 1891, purchased for the defendant 500 shares of the Elizabeth Mining Company stock, for which he advanced §962.50. He sues to recover the money due him for said stock, alleging that no part thereof has been paid, except §395, the proceeds of the sale of 200 shares of the stock sold by plaintiff for…
1Opinion of the CourtHunt, J.
A majority of the court are disposed to affirm the judgment of the district court solely upon the ground that the defendant’s order for the sale of the stock was to sell for $1.90 per share, and not to sell for any other lower price, and that for failure of any substantial proof tending to show that plaintiff, by the exercise of reasonable diligence, could have sold the 300 shares for said price of $1.90 per share, the motion for a nonsuit was properly sustained. The answer of the defendant expressly pleads that the highest market price was-$1.90 per share, and avers that plaintiff neglected…
2Cases cited7 opinions
- National Bank of Commerce of Boston v. Merchants' Nat. Bank of MemphisSupreme Court of the United States · 1875
- Foster v. RockwellMassachusetts Supreme Judicial Court · 1870
- Minnesota Linseed Oil Co. v. Montague & SmithSupreme Court of Iowa · 1884
- Courcier v. RitterU.S. Circuit Court for the District of Eastern Pennsylvania · 1825
- Vianna v. BarclayNew York Supreme Court · 1824
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