Darrah v. Boys

The defendant is, and at the time of his transactions with the plaintiff was, a broker and banker and a dealer in commercial paper. Before the acts complained of, the defendant had sold for the plaintiff a promissory note, receiving one-half the amount in cash, and the other half in another note. On the 27th of June, 1888, plaintiff delivered to the defendant a note for $4,567.12, which the latter was to sell on the same terms, and, as plaintiff claims, was to pay over the cash realized therefor, less the discount, to him, upon receiving it. Subsequently the defendant received $1,200 cash on…