Cook v. Flagg
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by Elsworth E. Cook against Jared Elagg. From the decree, defendant appeals. Appeal from a decree in a suit in equity. The jurisdiction of the District Court was based on diversity of citizenship.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by Elsworth E. Cook against Jared Elagg. From the decree, defendant appeals. Appeal from a decree in a suit in equity. The jurisdiction of the District Court was based on diversity of citizenship. The decree appointed a permanent receiver, directed him to take possession of certain property in the possession of the defendant on the 23d day of September, 1911, and in general to distribute the same to the persons entitled thereto in accordance with the claims of the complaint. The suit was…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] The case depends upon whether the defendant, by representing that he did business as a broker through stock exchange brokers, committed fraud in the way he actually conducted such business; especially whether his right to lend securities according to the usages of the New York and Consolidated Stock Exchanges allowed him to buy and sell on his own account without having on hand the necessary securities to fulfill his commitments at any time. As a preliminary it is necessary to analyze the effect of transactions made by a broker in the execution of…
2Cases cited18 opinions
- Richardson v. ShawSupreme Court of the United States · 1908
- Markham v. . JaudonNew York Court of Appeals · 1869
- Gorman v. LittlefieldSupreme Court of the United States · 1913
- Gruman v. . SmithNew York Court of Appeals · 1880
- Baker v. . DrakeNew York Court of Appeals · 1876
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bingham v. CommissionerUnited States Board of Tax Appeals · 1932
- Cunningham v. CommissionerUnited States Board of Tax Appeals · 1934
- Shearson Hayden Stone, Inc. v. PerrierCourt of Appeals of Kansas · 1981
- Winslow v. KaiserSupreme Court of Pennsylvania · 1933
- Bingham v. CommissionerUnited States Board of Tax Appeals · 1932
2 more not listed; retrieve them via the Exa API.