Zimmermann v. Heil
New York Supreme Court
Appeal from circuit court, New York county. Action by Leopold Zimmermann and another against Elias Heil to recover a balance alleged to be due to plaintiffs from defendant. From a judgment entered on a verdict in favor of defendant, and from an order denying a motion for a new trial, plaintiffs appeal.
1Opinion of the CourtO’Brien, J.
This action is brought to recover the balance claimed to be due upon transactions in silver certificates, in which plaintiffs acted as defendant’s brokers. They purchased on defendant’s order, and for his account, certificates representing 10,000 ounces of silver bullion, on September 3, 1890, against which the defendant deposited a certain amount as margin. By reason of a decline in the market, the margin became exhausted between October 9 and 11, 1890; but the plaintiffs held the certificates until November 21, 1891, when they were sold at a further loss, which, with interest and storage…
2Cases cited1 opinion
- Markham v. . JaudonNew York Court of Appeals · 1869
3Cited by1 opinion
- Hirsch v. JacobyAppellate Terms of the Supreme Court of New York · 1913