Legal Opinion

Boyle v. Henning

U.S. Circuit Court for the District of Western Kentucky

Decided March 31, 1902PublishedCited by 5 opinions

At Law. Plaintiff was a resident of Louisville, Ky., and defendant was a stock broker in New York. His brother S. C. Henning, while not connected with defendant in partnership, executed most of his orders on the stock exchange of New York through defendant. Plaintiff had for years bought and sold stock through both offices as a matter of convenience, sending his orders to New York over the private wire of S. O. Henning.

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At Law. Plaintiff was a resident of Louisville, Ky., and defendant was a stock broker in New York. His brother S. C. Henning, while not connected with defendant in partnership, executed most of his orders on the stock exchange of New York through defendant. Plaintiff had for years bought and sold stock through both offices as a matter of convenience, sending his orders to New York over the private wire of S. O. Henning. In December plaintiff directed defendant to sell 100 shares of Northern Pacific common. Defendant sold the stock himself, furnishing it for delivery, and credited plaintiff’s…

1Opinion of the CourtEvans, District Judge

(charging jury). Without going into details, it may be well to summarize in a general way the respective contentions and claims of the parties as shown by the pleadings, so as possibly to assist you in understanding the issues of fact now to be submitted for your determination.

The plaintiff in his petition asserts demands against the defendant amounting in the aggregate to $25,030.61, made up of $9,830.61, which he alleges the defendant held for him on April 30, 1901, as the result of certain transactions in buying and selling sundry stocks other than the 100 shares of Northern Pacific,…

2Cited by5 opinions

  1. John Miller Co. v. KlovstadNorth Dakota Supreme Court · 1905
  2. Farr v. CommissionerUnited States Board of Tax Appeals · 1935
  3. Lamson Bros. & Co. v. TurnerCourt of Appeals for the Eighth Circuit · 1921
  4. Farr v. CommissionerUnited States Board of Tax Appeals · 1935
  5. Kayser v. Estabrook & Co.Ohio Court of Appeals · 1974

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