Harris v. . Tumbridge
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made May 29, 1879, affirming a judgment in favor of plaintiffs, entered upon a verdict. This action was brought against defendant, a stock broker, to recover damages for alleged unauthorized acts, negligence and want of skill as agent of plaintiff in a stock transaction, the particulars of which and the material facts are set forth in the opinion.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made May 29, 1879, affirming a judgment in favor of plaintiffs, entered upon a verdict. This action was brought against defendant, a stock broker, to recover damages for alleged unauthorized acts, negligence and want of skill as agent of plaintiff in a stock transaction, the particulars of which and the material facts are set forth in the opinion. Where a judge leaves it to a jury to infer a fact not warranted, it is error, and a new trial will be granted. (Gale v. Wells, 12 Barb. 84; Harris v.…
1Opinion of the CourtFinch, J.
The plaintiff in this case, a lady living in the country, ventured upon a speculation in stocks, and lost her money. She sued her broker and was awarded damages by a jury, upon whose verdict the judgment was entered from which this appeal is taken.
The plaintiff bought, through the agency of defendant, a stock option or privilege, known in the language of brokers as a “ straddle.” The word, if not elegant, is at least expressive. It means the double privilege of a “put” and “call;” and secures to the holder the right to demand of the seller at a certain price within a certain time a certain…
2Cases cited2 opinions
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