Mackenzie v. Rothschild

The action is by a customer against stockbrokers to recover damages for loss resulting from defendants’ failure to execute orders to sell certain stocks which defendants were carrying for plaintiff on margin. The complaint contains three causes of action. The answer, in addition to denials, sets forth three separate affirmative defenses to the first cause of action, including the defense of ratification, which is pleaded to each cause of action. Defendants moved for summary judgment under rule 113 of the Rules of Civil Practice. The motion was denied and defendants appeal. Order reversed on…