Smith v. Hutton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edward F. Hutton and others, as copartners, etc., 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 26th day of May, 1909, upon the verdict of a jury for $791, and also from an order entered in said clerk’s office on the 28th day of May, 1909, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
This is an action to recover damages for the negligence of the defendants, stockbrokers of the city of New York, in failing to *860execute an order for the sale of stock. The defendants had pur- ' chased for the plaintiff 100 shares of Union Pacific stock. The plaintiff informed the defendants that he was going to Boston and was told by them that he might send any messages to them over the private wire of Paine, Webber & Co., stockbrokers of that city. He, went to Boston, and on March 2.5, 1907, the following telegraphic messages were interchanged between the parties to this ■ action…
2Cases cited2 opinions
- Buck v. HoughtalingAppellate Division of the Supreme Court of the State of New York · 1905
- Gillett v. . WhitingNew York Court of Appeals · 1894
3Cited by3 opinions
- Sullivan v. BennettMichigan Supreme Court · 1933
- Hathcock v. MacKubinCourt of Appeals of Maryland · 1934
- Conolly v. FosterSupreme Court of Minnesota · 1932