Gillett v. . Whiting
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made-the first Monday of December, 1892, which affirmed a judgment in favor of plaintiffs entered upon a verdict and also affirmed an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made-the first Monday of December, 1892, which affirmed a judgment in favor of plaintiffs entered upon a verdict and also affirmed an order denying a motion for a new trial. This action was brought by plaintiffs, who were stock brokers, to recover a loss incurred by them on a sale of' 100 shares of Chicago and Northwest common, and 100 shares-of Ohio Southern stock, which they claimed to have purchased and carried for defendant on a margin. The complaint alleged, and it appeared, that…
1Opinion of the CourtFinch, J.
On a former appeal in this case it was held that the broker’s sales of the stock bought for the defendant were unauthorized for lack of notice of the time and place of sale, which amounted to a conversion, and that such unwarranted sales destroyed the foundation of plaintiff’s claim, and left him without remedy for the advances made. (120 N. Y. 402.) It is now insisted that the Second Division of this court in so ruling disregarded earlier decisions to the contrary, disturbed a settled doctrine, and left it impossible to reconcile the cases. (Gruman v. Smith, 81 N. Y. 25 ; Capron v. Thompson,…
2Cases cited4 opinions
- Gruman v. . SmithNew York Court of Appeals · 1880
- Caruthers v. MooreTennessee Supreme Court · 1851
- Gillett v. . WhitingNew York Court of Appeals · 1890
- Minor v. BeveridgeNew York Supreme Court · 1893
3Cited by9 opinions
- Small v. . HousmanNew York Court of Appeals · 1913
- Leviten v. Bickley, Mandeville & Wimple, Inc.Court of Appeals for the Second Circuit · 1929
- Buck v. HoughtalingAppellate Division of the Supreme Court of the State of New York · 1905
- Land Oberoesterreich v. GudeCourt of Appeals for the Second Circuit · 1936
- James Wood General Trading Establishment v. CoeDistrict Court, S.D. New York · 1961
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