Mitchell v. Bache & Co.

The indorsed complaint alleges: ‘ ‘ Action to recover the sum of $4,123.83, which amount represents a loss sustained by the plaintiff, on whose behalf, defendant purchased, on or about August 14,1961, on margin, 300 shares Belock Instrument Co., and which were improperly and unlawfully held and sold by the defendant, as a result of which plaintiff sustained the aforementioned damages.”

Plaintiff’s amended bill of particulars dated May 20, 1966, states: “ 5. Shares were unlawfully and improperly retained by the defendant in that payment thereon was due within four (4) days and no later than…