Legal Opinion

Smith v. Craig

Appellate Division of the Supreme Court of the State of New York

Decided June 28, 1912Published

Appeal by the defendants, William R. Craig and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 8th day of November, 1911, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 9th day of November, 1911, denying the defendants’, motion for a new trial made upon the minutes.

1Opinion of the Court

Laughlih, J.:

This is an action by a customer against a firm of cotton brokers to recover damages for a breach of a contract by which the defendants on the 10th day of September, 1909, for the account of the plaintiff, but in their own name, entered into executory contracts with other brokers on the floor of the New York Cotton Exchange whereby they agreed to purchase 500 bales of cotton for delivery in January, 1910. On the thirteenth of the same month the defendants sold the contracts for the purchase of the cotton without express authority from the plaintiff, and he brings this action to…

2Cases cited15 opinions

  1. Stearns v. MarshNew York Supreme Court · 1847
  2. Mullen v. J. J. Quinlan & Co.New York Court of Appeals · 1909
  3. Content v. . BannerNew York Court of Appeals · 1906
  4. Garlick v. JamesNew York Supreme Court · 1815
  5. Treadwell v. . ClarkNew York Court of Appeals · 1907

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