Levy v. . Loeb
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of Mew York, made December 30, 3880, which reversed a judgment in favor of plaintiffs, entered upon a decision of the court, on trial without a jury.
Read the full summary
Appeal from order of the General Term of the Superior Court of the city of Mew York, made December 30, 3880, which reversed a judgment in favor of plaintiffs, entered upon a decision of the court, on trial without a jury. This action was brought to repudiate a purchase of bonds, claimed by defendants to have been made for plaintiffs, because of alleged breach of contract, and to recover back moneys paid by plaintiffs under the contract in alleged ignorance of the non-performance by defendants. The material facts are stated in the opinion. A recovery by defendants, without proof that they were…
1Opinion of the CourtFinch, J.
The contract between these parties was primarily one of agency. The defendants were bankers and brokers, and were employed by the plaintiffs to buy “ for their account and risk,” $100,000 of United States sixes of 1881, and the same amount of bonds of 1867. The purchase-price was to be advanced by the defendants and take the form of a loan, upon which interest at four per cent was to be charged and allowed, the bonds meanwhile being held as collateral to the loan, but to be carried by the defendants for plaintiffs’ account.
The bonds of 1881 were bought in Frankfort. They were purchased by the…
2Cases cited1 opinion
- Taussig v. . HartNew York Court of Appeals · 1874
3Cited by7 opinions
- Helfhat v. WhitehouseNew York Court of Appeals · 1932
- Nicholson v. MorganCity of New York Municipal Court · 1922
- Levy v. . LoebNew York Court of Appeals · 1882
- Haight v. Haight & Freese Co.New York Supreme Court · 1905
- Shelton Implement Co. v. SchieckNebraska Supreme Court · 1908
2 more not listed; retrieve them via the Exa API.