Little v. McClain
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frederick Little, as trustee, etc., from a judgment of the Supreme. Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 26th day of March, 1909, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 30th day of March, 1909, denying the plaintiff’s'motion for a new trial made upon the minutes.
1Opinion of the Court
Burr, J.:
This is an action upon an account stated. There, is no dispute as to the material facts. The firm of E. B. Havens & Co. were stock brokers. On April 16, 1906, the defendant asked one of the firm *198what he would recommend him to buy. He replied, “ I think Central Leather is good for two or three points.” The defendant then said, “All right, I will send around a check for $500. Buy me 50 shares on a margin of ten points.” That was the entire conversation. On the same day he received a statement from them that they had bought for his account and risk fifty shares of Central Leather at…
2Cases cited7 opinions
- Lockwood v. . ThorneNew York Court of Appeals · 1858
- Quincey v. . WhiteNew York Court of Appeals · 1875
- Spellman v. . MuehlfeldNew York Court of Appeals · 1901
- Knickerbocker v. . GouldNew York Court of Appeals · 1889
- Strickland v. MagounAppellate Division of the Supreme Court of the State of New York · 1907
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3Cited by4 opinions
- In re the Estate of MarkowitzNew York Surrogate's Court · 1934
- Rubin v. SalomonCity of New York Municipal Court · 1930
- Pistell, Deans & Co. v. ObletzAppellate Division of the Supreme Court of the State of New York · 1931
- Sackville v. WimerSupreme Court of Colorado · 1925