Leviten v. Bickley, Mandeville & Wimple, Inc.

(after stating the facts as above).

The appellant contends that its closing out of Leviten’s trades was in strict conformity with its contract with him, because of the rules of the exchange and the express terms of the confirmation slip delivered to him after each order was executed. It may be conceded that, in the absence of anything to show the contrary, the rules of the exchange upon which the customer’s order is to be executed will form part of his contract with the broker. Bibb v. Allen, 149 U. S. 481, 13 S. Ct. 950, 37 L. Ed. 819; Gettys v. Newburger, 272 F. 209, 215 (C. C. A. 8); Forget…