Legal Opinion

Content v. . Banner

New York Court of Appeals

Decided February 27, 1906PublishedCited by 33 opinions

Appeal from a judgment of the Appellate Division of the "Supreme Court in the first judicial department, entered June 20, 1904, affirming a judgment in favor of plaintiffs entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The relationship of pledgee and pledgor’ existed between plaintiffs and the defendant.

Read the full summary

Appeal from a judgment of the Appellate Division of the "Supreme Court in the first judicial department, entered June 20, 1904, affirming a judgment in favor of plaintiffs entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The relationship of pledgee and pledgor’ existed between plaintiffs and the defendant. (Markham v. Jaudon, 41 N. Y. 235 ; Baker v. Drake, 66 N. Y. 518; Gruman v. Smith, 81 N. Y. 25.) The relationship of a stockbroker to his client being that of pledgee and pledgor, the…

1Opinion of the CourtWillard Bartlett, J.

This action was brought to recover a balance alleged to be due upon a stock transaction in which the plaintiffs acted as stockbrokers for the defendant.

The plaintiffs on April 21, 1900, bought stocks for the defendant, as his brokers, without requiring the advance of any margin by him and carried the same for him for several months when they requested the defendant to receive the shares so purchased and pay the purchase price thereof and their commissions. He did not comply with this request and thereafter, under date of August 8, 1900, the plaintiffs sent to the defendant a letter, the only…

2Cases cited3 opinions

  1. Markham v. . JaudonNew York Court of Appeals · 1869
  2. Gruman v. . SmithNew York Court of Appeals · 1880
  3. Baker v. . DrakeNew York Court of Appeals · 1876

3Cited by33 opinions

  1. Richardson v. ShawSupreme Court of the United States · 1908
  2. Mayer v. . MonzoNew York Court of Appeals · 1917
  3. Scheuer v. Salmon Weed & Co.Court of Appeals for the Second Circuit · 1931
  4. In Re the Accounting of Mercantile Trust Co.New York Court of Appeals · 1913
  5. Small v. . HousmanNew York Court of Appeals · 1913

28 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API