McCurnin v. Kohlmeyer & Company
District Court, E.D. Louisiana
1Opinion of the Court
ALVIN B. RUBIN, District Judge:
McCurnin, a businessman, placed an order with Kohlmeyer, a stock and commodities broker, through Drake, Kohlmeyer’s customer’s representative, to buy 15 contracts for cotton futures at a price not to exceed 33.30 per pound. Later the same day, in violation of his instructions, Drake cancelled the orders that he had entered at 33.30, and placed new orders at a price of 34.10. The orders were executed at that price. Drake did this under the mistaken belief that McCurnin definitely wanted to purchase cotton that day even at a slightly higher price, and that cotton…
2Cases cited26 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Hurn v. OurslerSupreme Court of the United States · 1933
- Colonial Realty Corporation v. Bache & Co.Court of Appeals for the Second Circuit · 1966
- Bertha Hecht, and v. Harris, Upham & Co., a Partnership, Harris, Upham & Co., Inc., a Corporation, AndCourt of Appeals for the Ninth Circuit · 1970
- Royal Air Properties, Inc., a Corporation, Harold L. Heathman and Madge I. Heathman v. R. Philip SmithCourt of Appeals for the Ninth Circuit · 1962
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3Cited by19 opinions
- Glenn Hill v. Bache Halsey Stuart Shields Incorporated, a Delaware CorporationCourt of Appeals for the Tenth Circuit · 1986
- First Commodity Corp. Of Boston and Richard Badoian v. Commodity Futures Trading Commission, and John RuddyCourt of Appeals for the First Circuit · 1982
- Rolf v. Blyth Eastman Dillon & Co., Inc.District Court, S.D. New York · 1977
- Karlen v. Ray E. Friedman & Co. CommoditiesCourt of Appeals for the Eighth Circuit · 1982
- Fed. Sec. L. Rep. P 93,775 Leo P. McCurnin Jr. v. Kohlmeyer & Company and Jack D. DrakeCourt of Appeals for the Fifth Circuit · 1973
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