Smith v. . Craig
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the" first judicial department, entered October 25, 1912, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial in an action to recover for an alleged breach of contract. . The reversal was upon questions of law only, the facts having been examined and no error found therein. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the" first judicial department, entered October 25, 1912, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial in an action to recover for an alleged breach of contract. . The reversal was upon questions of law only, the facts having been examined and no error found therein. The facts, so far as material, are stated in the opinion. The defendants had no right to sell the cotton which they, as brokers, had bought for the plaintiff without notice to him and demand upon him for additional…
1Opinion of the CourtChase, J.
The defendants are cotton brokers in the city of New York. The plaintiff, who at the times hereinafter mentioned had no business, and no residence other than at the San Eemo Hotel, in the city of New York, became a customer of the defendants in April, 1909. On April 13 the defendants, at plaintiff’s request, purchased one hundred bales of cotton on the Cotton Exchange for October delivery and for the plaintiff’s account. Two days afterwards the contract was sold at a profit. Five other purchases of cotton for future delivery were made by the defendants for the plaintiff’s account, and each in…
2Cases cited8 opinions
- Markham v. . JaudonNew York Court of Appeals · 1869
- New York Bank Note Co. v. Hamilton Bank Note Engraving & Printing Co.New York Court of Appeals · 1905
- Content v. . BannerNew York Court of Appeals · 1906
- Small v. . HousmanNew York Court of Appeals · 1913
- Corbett v. UnderwoodIllinois Supreme Court · 1876
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3Cited by17 opinions
- Rosenthal Paper Co. v. National Folding Box & Paper Co.New York Court of Appeals · 1919
- Rosenthal v. BrownNew York Court of Appeals · 1928
- In Re Rosenbaum Grain CorporationCourt of Appeals for the Seventh Circuit · 1939
- Corvallis & Alsea River R. v. Portland E. & E. Ry. Co.Oregon Supreme Court · 1917
- Dana v. Wildey Savings BankMassachusetts Supreme Judicial Court · 1936
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