Legal Opinion

Klapp v. Bache

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

Decided May 14, 1930PublishedCited by 9 opinions

1Opinion of the CourtHinman, Acting P. J.

The action is in conversion to recover damages against the appellants, doing business as stockbrokers, for the closing out of plaintiff’s margin account upon allegations of insufficiency of notice to the respondent, as customer, to protect his account.

On the 8th of June, 1927, the respondent, who had previously been a customer of appellants and had dealt extensively with them and other stockbrokers as a purchaser on margin accounts, signed, executed and delivered to the appellants a “ customer’s agreement,” which contained the following provision: “ Upon failure of the undersigned to comply…

2Cases cited3 opinions

  1. New York Rubber Co. v. RotheryNew York Court of Appeals · 1887
  2. Underwood v. . Farmers' Joint Stock Ins. Co.New York Court of Appeals · 1874
  3. Rosenthal v. BrownNew York Court of Appeals · 1928

3Cited by9 opinions

  1. Hartford Accident and Indemnity Co. v. OlesNew York Supreme Court · 1934
  2. Parry v. BacheCourt of Appeals for the Fifth Circuit · 1942
  3. Cantu v. Fenner, Beane UngerleiderSupreme Court of Louisiana · 1935
  4. DBL Liquidating Trust v. Clarkson Construction Co. (In Re Drexel Burnham Lambert Group, Inc.)District Court, S.D. New York · 1993
  5. Bond v. WinstonAppellate Division of the Supreme Court of the State of New York · 1932

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