Ryder v. Sistare
New York Court of Common Pleas
Appeal from special term; Bookstaver, Judge. The complaint in this action by Iris C. Ryder against W. H. M. Sistare and! others alleged that defendants were copartners doing business as stock-brokers,, and plaintiff entered into an agreement with them by which they promised,in consideration of a specified commission, “to buy and sell for the account-of the plaintiff, upon her order and direction so to do, any of the stocks which are bought and sold in the Hew York Stock…
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Appeal from special term; Bookstaver, Judge. The complaint in this action by Iris C. Ryder against W. H. M. Sistare and! others alleged that defendants were copartners doing business as stock-brokers,, and plaintiff entered into an agreement with them by which they promised,in consideration of a specified commission, “to buy and sell for the account-of the plaintiff, upon her order and direction so to do, any of the stocks which are bought and sold in the Hew York Stock Exchange;” that between certain! dates plaintiff “sent and delivered to defendants 13 separate orders or directions to buy…
1Opinion of the CourtVan Hoesen, J.
The complaint does not allege that the defendants agreed-to advance the money for the purchase of such stocks as the plaintiff might choose to order, nor does it allege that the defendants agreed to sell stocks *716that the plaintiff did not possess, or to sell stocks that the plaintiff did not ■furnish lor delivery. In the absence of such averments, it was necessary for the plaintiff to allege that she provided the defendants with the means ■of payine for the stocks that she wished them to buy, and that she placed within their reach the stocks that she instructed them to sell; for, unless they…
2Cases cited4 opinions
- T. & P. R'y Co. v. CurryTexas Supreme Court · 1885
- Miller v. . McKenzieNew York Court of Appeals · 1884
- Fowler v. New York Gold Exchange BankNew York Court of Appeals · 1876
- Rider v. . PondNew York Court of Appeals · 1859