Markham v. . Jaudon
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the first judicial district, reversing a judgment for , the plaintiff, and ordering a new trial.
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Appeal from an order of the General Term of the Supreme Court, in the first judicial district, reversing a judgment for , the plaintiff, and ordering a new trial. The complaint alleged that the defendants are stock brokers in the city of New York; that on the 27th of April, 1865, as such brokers, they bought for the plaintiff certain shares of the Erie railroad, and certain shares of the Pitts-' burg and Cleveland Railroad Company, describing them, which were to be held by the defendants as his brokers, subject to his order, as to when the same should be sold; that the plaintiff then left…
1Opinion of the Court
Hunt, Ch. J.
An analysis of the contract in question, and a separation of the powers and obligations of the parties thereto, will enable us the better to determine its character. The customer, Mr. Markham, employs the broker, Mr. Jaudon, to buy certain railroad stocks for his account, and to pay for them, and'to hold them subject to his order as to the time of sale. The customer advances ten per cent of their market value, and agrees to keep good such proportionate advance according to the fluctuations of the market. Waiving for the moment all disputed questions, I state the following as the…
2Cases cited4 opinions
- Brass v. WorthNew York Supreme Court · 1863
- Hanks v. DrakeNew York Supreme Court · 1867
- Sterling v. JaudonNew York Supreme Court · 1867
- Clark v. MeigsThe Superior Court of New York City · 1861
3Cited by141 opinions
- Richardson v. ShawSupreme Court of the United States · 1908
- Sexton v. Kessler & Co.Supreme Court of the United States · 1912
- Baker v. . DrakeNew York Court of Appeals · 1873
- Galigher v. JonesSupreme Court of the United States · 1889
- Provost v. United StatesSupreme Court of the United States · 1926
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