Legal Opinion
Gelb v. Zimet Bros.
New York Supreme Court
Decided April 18, 1962PublishedCited by 12 opinions
1Opinion of the CourtJacob Markowitz, J.
Both parties to this action have waived findings of fact and conclusions of law.
Defendant caused plaintiff’s stock to be sold on October 25, 1960. At that time, plaintiff was not in default under the terms of the loan for which the stock had been pledged as security. No evidence has been adduced by defendant of the existence of any agreement, written or oral, which authorized defendant to sell the collateral in the absence of a default upon the loan. The sale of the stock was, therefore, a conversion (see Mayer v. Monzo, 221 N. Y. 442).
The measure of damages for the conversion of articles of…
2Cases cited11 opinions
- Baker v. . DrakeNew York Court of Appeals · 1873
- Mayer v. . MonzoNew York Court of Appeals · 1917
- Burhorn v. LockwoodAppellate Division of the Supreme Court of the State of New York · 1902
- German v. SnedekerAppellate Division of the Supreme Court of the State of New York · 1939
- Keller v. HarsleyAppellate Division of the Supreme Court of the State of New York · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Roxas v. MarcosHawaii Supreme Court · 1998
- In re the Estate of RothkoNew York Surrogate's Court · 1975
- Bache & Co., Inc. v. International Controls Corp.District Court, S.D. New York · 1972
- Hornblower & Weeks-Hemphill Noyes v. LazereSupreme Court of Minnesota · 1974
- Caballero v. AnselmoDistrict Court, S.D. New York · 1991
7 more not listed; retrieve them via the Exa API.