Legal Opinion
Gilman v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
New York Supreme Court
Decided April 5, 1978PublishedCited by 21 opinions
1Opinion of the Court
OPINION OF THE COURT
Max Bloom, J.
Plaintiff moves pursuant to CPLR 902 for an order permit*942ting maintenance of this suit as a class action. The complaint alleges that the defendant, a stockbroker, violated and continues to violate a fiduciary duty owed to its customers by withholding funds due them for a period of 24 hours or more, thus permitting it to use such funds for a day or more for its own profit. This was and is accomplished by drawing checks for sums due to its New York customers on its account at the Bank of America in San Francisco. Inasmuch as checks drawn here on California banks…
2Cases cited34 opinions
- Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
- United States v. W. T. Grant Co.Supreme Court of the United States · 1953
- Sosna v. IowaSupreme Court of the United States · 1975
- J. I. Case Co. v. BorakSupreme Court of the United States · 1964
- Meinhard v. SalmonNew York Court of Appeals · 1928
29 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Friar v. Vanguard Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Jaksich v. Thomson McKinnon Securities, Inc.District Court, S.D. New York · 1984
- Perry v. MeekSupreme Court of Oklahoma · 1980
- Goodrich v. E.F. Hutton Group, Inc.Court of Chancery of Delaware · 1988
- Globe Surgical Supply v. GEICO InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
16 more not listed; retrieve them via the Exa API.