Legal Opinion

Harding v. Gaillard

Appellate Division of the Supreme Court of the State of New York

Decided February 23, 1917PublishedCited by 1 opinion

Appeal by the plaintiff, Edmund F. Harding, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 12th day of May, 1916, denying plaintiff’s motion for judgment on the pleadings.

1Opinion of the Court

LaugBLIN, J.:

The pleadings are a complaint, an amended answer interposing two separate defenses containing denials of the allegations of the complaint with respect to the amount of the lien of the brokers as security for which they held plaintiff’s stock and with respect to the plaintiff’s damages, and a demurrer to each of the defenses on the ground of insufficiency.

The plaintiff was a customer of the stock brokerage firm of Beers & Owens, who were carrying for his account 300 shares of Interborough-Metropolitan Company common stock when, on the 8th day of September, 1915, Mr. Beers died and…

2Cases cited5 opinions

  1. Stenton v. . JeromeNew York Court of Appeals · 1873
  2. Dutton v. SmithAppellate Division of the Supreme Court of the State of New York · 1896
  3. Bracken v. . Atlantic Trust Co.New York Court of Appeals · 1901
  4. Harding v. GaillardAppellate Division of the Supreme Court of the State of New York · 1916
  5. Humboldt Exploration Co. v. FritschAppellate Division of the Supreme Court of the State of New York · 1912

3Cited by1 opinion

  1. Satterwhite v. Harriman Nat. Bank & Trust Co.District Court, S.D. New York · 1935

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