Dyer v. Broadway Central Bank

The defendant, a corporation organized under the Banking Law, appeals from an order denying its motion to dismiss the complaint for insufficiency. The plaintiffs allege that they are a firm of stock brokers and that they purchased certain common stock of corporations “ for and on account ” of and at the defendant’s request and upon its promise to pay therefor. The defendant reimbursed the plaintiffs for some of these purchases. For others it refused to reimburse the plaintiffs, who thereupon sold the stock at a loss, which they seek here to recover.

The defendant attacks the complaint upon the…