Legal Opinion
Barocas v. Schweikart & Co.
Civil Court of the City of New York
Decided April 6, 1970PublishedCited by 1 opinion
1Opinion of the CourtAlbert J. Marino, J.
Plaintiff, an investor, with a portfolio of stocks, sued his broker-dealer, for the sum of $2,575.44 for the proceeds in the sale of 100 shares of certain securities, to wit: Kings Resources, Inc.
Defendant, on two prior orders for other securities, through error, delivered a higher-priced stock in place of a lower-priced stock containing almost identical name. Therefore, defendant refused to make payment and demanded the return of the erroneously delivered stock. Plaintiff instituted suit and defendant in its answer asserted three counterclaims totaling $25,000. Plaintiff moved at Special…
2Cases cited7 opinions
- Denker v. Twentieth Century-Fox Film Corp.New York Supreme Court · 1960
- Circulation Associates, Inc. v. Mother's Manual, Inc.Civil Court of the City of New York · 1967
- Natale v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1959
- Petrides v. Park Hill Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 1943
- Schwartzreich v. BeaumanAppellate Terms of the Supreme Court of New York · 1920
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3Cited by1 opinion
- Smith v. JonesCivil Court of the City of New York · 1973