Staples v. Gould

On the 15th of January, 1851, upon the defendant’s stating that he had sold for the plaintiff 200 shares of *238Canton stock at $66 per share, deliverable, at option of plaintiff, in thirty days, plaintiff gave defendant $750, to meet any difference that might accrue against the plaintiff, upon the contract, at the end of the thirty days.

On the 20th January defendant delivered the stock, at a loss of $11 per share, applying the $750 in part payment of the difference. • The plaintiff had no knowledge of such delivery of the stock, or payment of the difference at the time, and when informed of it…