Fenner v. Cahn

In this action, tried by the court without a jury, the plaintiffs, stockbrokers, seek to recover on a guaranty, where-under the defendant Cahn guaranteed the marginal trading account of plaintiffs’ customer, Hagop Kevorkian. Kevorkian was not sued by the plaintiffs. Cahn, however, pursuant to subdivision 2 of section 193 of the Civil Practice Act, has brought him in as a party. Cahn asserts a counterclaim against the plaintiffs, predicated upon the alleged conversion by the plaintiffs of Kevorkian’s securities, and asks that, in the event the plaintiffs recover against him (Cahn), judgment be…