Gillett v. . Whiting
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made the first Monday of December, 1887, which affirmed a judgment in favor of the plaintiffs entered upon a verdict. The nature of the action and the facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made the first Monday of December, 1887, which affirmed a judgment in favor of the plaintiffs entered upon a verdict. The nature of the action and the facts are sufficiently stated in the opinion. The sale of the stocks, without notice to the defendant of the time and place of sale was a clear conversion thereof by the plaintiffs, and the refusal of the court so to instruct the jury was error. (Markham v. Jaudon, 41 N. Y. 235 ; Stenton v. Jerome, 54 id. 480; Baker v. Brake, 66 id.…
1Opinion of the CourtHaight, J.
This action was brought to recover losses which the plaintiffs claim to have sustained by reason of certain stock speculation by the defendant. The plaintiffs, as brokers, purchased for the defendant, upon his order, 200 shares of stock, he delivering them $400 as a margin. Subsequently, the stock Was sold, resulting in a loss over and above the margin paid by the defendant, which loss is sought to be recovered in this action.
In submitting the case to the jury the defendant’s counsel requested the court to charge, that in case the plaintiffs sold the stock without notice to the defendant as…
2Cases cited2 opinions
- Markham v. . JaudonNew York Court of Appeals · 1869
- Baker v. . DrakeNew York Court of Appeals · 1873
3Cited by9 opinions
- Richardson v. ShawSupreme Court of the United States · 1908
- Sproul v. SloanSupreme Court of Pennsylvania · 1913
- Gillett v. . WhitingNew York Court of Appeals · 1894
- In re BollingDistrict Court, E.D. Virginia · 1906
- Phillips v. Bank of Athens Trust Co.New York Supreme Court · 1952
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