Allen v. . McConihe
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made November 23,1890, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to recover a balance claimed to be due on an account arising on the purchase and sales of stocks by plaintiff’s assignors for defendant.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made November 23,1890, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to recover a balance claimed to be due on an account arising on the purchase and sales of stocks by plaintiff’s assignors for defendant. From May 1, 1883, to October 7, 1887, G. Parish Ogden, John F. Calder and Gouverneur Ogden were partners under the name of Ogden, Calder & Co., doing business as stock brokers at Troy, N. Y. ■ During this period…
1Opinion of the Court
Follett, Ch. J.
Ogden, Calder & Co. undertook upon a sufficient consideration by way of commissions paid and margins furnished and to be furnished by the defendant, to carry the shares and sell them as directed or deliver to him certificates for them on payment of their purchase-price. This promise the plaintiff admits that his assignors broke by refusing to sell three hundred shares for $111 each on the 15th of August, 1887, as directed, and in permitting Work, Strong & Co. to sell them in October following for $97 each on account of an indebtedness owing them by Ogden, Calder & Co.
The…
2Cases cited4 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Hamilton v. . McPhersonNew York Court of Appeals · 1863
- Whelan v. . LynchNew York Court of Appeals · 1875
- Whelan v. LynchNew York Supreme Court · 1873
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- People's Gas & Electric Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1919
- Meyer v. HavenAppellate Division of the Supreme Court of the State of New York · 1902
- Spicer v. HincksSupreme Court of Connecticut · 1931
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