Taussig v. . Hart
New York Court of Appeals
Appeal from judgment of the (General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of defendant, entered upon the report of a referee. This action was brought to recover a balance alleged to be due plaintiffs by defendant, on account of various stock speculations. Plaintiffs were copartners, doing business in the city of Hew York as stock and gold brokers.
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Appeal from judgment of the (General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of defendant, entered upon the report of a referee. This action was brought to recover a balance alleged to be due plaintiffs by defendant, on account of various stock speculations. Plaintiffs were copartners, doing business in the city of Hew York as stock and gold brokers. On or about the 25th day of October, 1866, the parties entered into a contract, whereby the plaintiffs agreed to purchase and sell as brokers, for the defendant such stocks and gold as he should direct,…
1Opinion of the CourtRapallo, J.
The. defendant had a right to repudiate the alleged purchase of 100 shares of Pacific Mail stock of which he was notified February 29, 1868, as soon as the facts came to his knowledge. Ho such purchase as that stated in the notice had been made. The purchase from Mr. Williams was not at lllf regular, as stated in the notice, but was in fact at lllf, seller’s option, thirty days. That was not a compliance with the defendant’s order, which was to buy the stock “ regular ” and the defendant was not bound to recognize the purchase from Mr. Williams. But the plaintiffs allege that they transferred…
2Cited by40 opinions
- Richardson v. ShawSupreme Court of the United States · 1908
- Provost v. United StatesSupreme Court of the United States · 1926
- Adams v. DickMassachusetts Supreme Judicial Court · 1917
- City of Findlay v. PertzCourt of Appeals for the Sixth Circuit · 1895
- Gregory v. WendellMichigan Supreme Court · 1879
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