Rock v. Carpenter
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Roslyn Rock against Joseph N. Carpenter and others. From a judgment for plaintiff, defendants appeal.
1Opinion of the CourtGreenbaum, J.
Assuming that defendants in September, 1906, omitted to follow plaintiff’s instructions to sell at 146 the Pennsylvania Railroad stock which they held as brokers for her, the evidence conclusively establishes, both from plaintiff’s own testimony that subsequent payments were made by her for margin and interest and from the accounts and correspondence that passed between them, a complete ratification of defendant’s alleged breach. Under these circumstances, it seems to me unnecessary to dwell upon the question of election, which the defendants raised at the close of plaintiff’s, and again at…
2Cited by1 opinion
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