Legal Opinion
Wilko v. Swan
Court of Appeals for the Second Circuit
Decided January 15, 1953No. 96, Docket 22441PublishedCited by 51 opinions
1Opinion of the Court
SWAN, Chief Judge.
This is an action brought under section 12 (2) of the Securities Act, 15 U.S.C.A. § 771(2), which declares the seller liable to the purchaser of a security sold by means of a prospectus or oral communication which falsely states a material fact or omits a material fact necessary to make the seller’s statements not misleading, and puts on the seller the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of such untruth or omission.1 The complaint alleges, in summary, that in January 1951 the brokerage firm of Hayden, Stone &…
2Cases cited11 opinions
- Shanferoke Coal & Supply Corp. v. Westchester Service Corp.Supreme Court of the United States · 1935
- Kulukundis Shipping Co. v. Amtorg Trading Corp.Court of Appeals for the Second Circuit · 1942
- Almacenes Fernandez, S. A. v. GolodetzCourt of Appeals for the Second Circuit · 1945
- A. C. Frost & Co. v. Coeur D'Alene Mines Corp.Supreme Court of the United States · 1941
- Donahue v. Susquehanna Collieries Co.Court of Appeals for the Third Circuit · 1943
6 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
- Wilko v. SwanSupreme Court of the United States · 1953
- Baltimore Contractors, Inc. v. BodingerSupreme Court of the United States · 1955
- Robert Lawrence Company, Inc. v. Devonshire Fabrics, Inc.Court of Appeals for the Second Circuit · 1959
- Fed. Sec. L. Rep. P 93,679 in the Matter of the Arbitration Between Herbert Sobel, and Hertz, Warner & Co.Court of Appeals for the Second Circuit · 1972
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