Heaphy v. Kerr
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lawrence F. Heaphy, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 24th day of June, 1919, upon the verdict of a jury, and also from an order entered in said clerk’s office on or about the same day denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Smith, J.:
The defendants were stockbrokers doing business as Kerr & Company in the city of New York. The plaintiff was their customer, purchasing stocks through them upon margin. He deposited as security for his liability, with the brokers, fifty shares of the corporate stock of the Westinghouse Electric and Manufacturing Company. Thereafter the defendants had bought for him twenty shares of the stock of the same company. Upon the 18th day of January, 1918, there was owing upon a balance to the said brokers $709.35. This he offered to the attorneys for the defendants and demanded the return…
2Cases cited4 opinions
- Wood v. . FiskNew York Court of Appeals · 1915
- Kavanaugh v. . McIntyreNew York Court of Appeals · 1914
- Kavanaugh v. McIntyreAppellate Division of the Supreme Court of the State of New York · 1908
- Andrews v. . DresserNew York Court of Appeals · 1915
3Cited by12 opinions
- Scheuer v. Salmon Weed & Co.Court of Appeals for the Second Circuit · 1931
- Brown v. GareyNew York Court of Appeals · 1935
- Land Oberoesterreich v. GudeCourt of Appeals for the Second Circuit · 1940
- In re NorthrupDistrict Court, N.D. New York · 1920
- In re GreenCourt of Appeals for the Second Circuit · 1926
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