Stewart v. . Drake
New York Court of Appeals
Appeal from judgment of General Term, first department, affirming a judgment entered upon the report of a referee. Action to recover the damages sustained by the plaintiff, for the alleged unauthorized sale of certain shares of stock, and the loss of profits and gains, which the plaintiff would have made upon the same, and the dividends accruing thereon, and for an account of stocks purchased by the defendants for the plaintiff.
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Appeal from judgment of General Term, first department, affirming a judgment entered upon the report of a referee. Action to recover the damages sustained by the plaintiff, for the alleged unauthorized sale of certain shares of stock, and the loss of profits and gains, which the plaintiff would have made upon the same, and the dividends accruing thereon, and for an account of stocks purchased by the defendants for the plaintiff. The defendants were stock brokers in the city of New York, and had from August, 1863, to April, 1864, bought and sold stocks upon the retainer and employment, and for…
1Opinion of the CourtAllen, J.
Ho question is made upon this appeal, as to the regularity of the sale by the defendants on the 19th of April, 1864, of the 200 shares of stock, or the effect of such sale as a foreclosure of the plaintiff and a bar to his legal rights. The principal question considered in Markham v. Jaudon (41 N. Y., 235) is not, therefore, involved in this action. Both parties assented to regard that sale as a nullity, and neither claimed to have acquired any rights under the same. If the decision in Markham v. Jaudon (41 N. Y., 235) is sound, the plaintiff might have treated the sale as a conversion of so…
2Cases cited2 opinions
- Markham v. . JaudonNew York Court of Appeals · 1869
- Horton v. . MorganNew York Court of Appeals · 1859
3Cited by10 opinions
- Richardson v. ShawSupreme Court of the United States · 1908
- Carlisle v. . NorrisNew York Court of Appeals · 1915
- Caswell v. . PutnamNew York Court of Appeals · 1890
- Barber v. EllingwoodAppellate Division of the Supreme Court of the State of New York · 1910
- Rogers v. ThomsonAppellate Division of the Supreme Court of the State of New York · 1926
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