In re the Assignment of Mills
Appellate Division of the Supreme Court of the State of New York
Appeals by Edward Harding, as assignee, etc.,'and by Adelaide T. Beacli from an order of the Supreme Court, made at the New York Special Term and entered' in the office of the clerk of the county of New York on the llth day of September, 1909, confirming the report of a referee appointed to inquire into and report' the facts respecting the claim of Richard A. Canfield to certain promissory notes.
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Appeals by Edward Harding, as assignee, etc.,'and by Adelaide T. Beacli from an order of the Supreme Court, made at the New York Special Term and entered' in the office of the clerk of the county of New York on the llth day of September, 1909, confirming the report of a referee appointed to inquire into and report' the facts respecting the claim of Richard A. Canfield to certain promissory notes. Order affirmed, with ten dollars costs and disbursements, on opinion at Special Term; Laughlin, J., concurring in memorandum; Ingraham, P. J., dissenting.
1Dissent
Ingraham, P. J. (dissenting):
The assignors were stockbrokers, members of the Mew York Stock Exchange and doing business in the city of Mew York, and the .claimant Canfield was a customer 'for whom the assignors were conducting various speculations in stocks and other securities. It seems that between September 11 and September 21, 1906, the assignors sold for the account of Canfield 20,000 °shares of the stock of the Reading Railroad Company which were what was known as short sales. The method by which such a speculation was carried out is as follows : These saleé having been made, it became…
2Cases cited3 opinions
- White v. . SmithNew York Court of Appeals · 1874
- Campbell v. . WrightNew York Court of Appeals · 1890
- Lazare v. AllenAppellate Division of the Supreme Court of the State of New York · 1897