Taylor v. . Guest
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing a judgment in favor of defendant entered upon the report of a referee and ordering a new trial. (Reported below, 45 How.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing a judgment in favor of defendant entered upon the report of a referee and ordering a new trial. (Reported below, 45 How. Pr., 276.) The cause of action set forth in the complaint was, in substance, that plaintiff being the owner of certain railroad bonds of the par value of $110,000 employed defendant, a stockbroker in the city of New York, as his broker to sell the-same; that defendant informed plaintiff that' sixty per cent on the par value was all that he could obtain for the same,, and…
1Opinion of the CourtAndrews, J.
The cause of action set forth in the complaint is, that the defendant undertook, as the broker and agent of the plaintiff, to sell the bonds, and that he accounted to the plaintiff, as upon a sale, at sixty per cent of their par value, ■when in fact he sold them at seventy-five per cent of that value. It is alleged that when the plaintiff delivered the bonds to the defendant to be sold, the defendant represented that sixty per cent was the highest price he could obtain for them, and that the plaintiff relying upon that representation, authorized a sale at that price; that this representation…
2Cases cited2 opinions
- Meyer v. . AmidonNew York Court of Appeals · 1871
- Fabbri v. . KalbfleischNew York Court of Appeals · 1873
3Cited by48 opinions
- Ochs v. . WoodsNew York Court of Appeals · 1917
- Urtz v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1911
- Adams v. Little Missouri Minerals AssociationNorth Dakota Supreme Court · 1966
- Angerosa v. White Co.Appellate Division of the Supreme Court of the State of New York · 1936
- Urtz v. New York Central & Hudson River RailroadNew York Court of Appeals · 1911
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