Legal Opinion

Samuel M. Opper v. Hancock Securities Corporation

Court of Appeals for the Second Circuit

Decided October 5, 1966No. 30434_1PublishedCited by 32 opinions

1Per curiam

In action by Connecticut customer against New York broker-dealer for damages for failure to carry out contract for sale of stock, based on New York law and the Securities Act of 1934 (15 U.S.C. §§ 78j, 78o), the United States District Court for the Southern District of New York, Marvin E. Frankel, Judge, entered judgment for plaintiff. 250 F.Supp. 668 (S.D.N.Y.1966). We find no error and in open court we have affirmed the judgment.

The principal attacks on appeal are on the finding of a contract for a sale at market. The court credited the testimony of plaintiff, which amply supports the…

2Cases cited5 opinions

  1. United States v. Grinnell Corp.Supreme Court of the United States · 1966
  2. Fischman v. Raytheon Mfg. Co.Court of Appeals for the Second Circuit · 1951
  3. Broadcast Music, Inc. v. Havana Madrid Restaurant Corp.Court of Appeals for the Second Circuit · 1949
  4. Opper v. Hancock Securities CorporationDistrict Court, S.D. New York · 1966
  5. Barnett v. United StatesCourt of Appeals for the Eighth Circuit · 1963

3Cited by32 opinions

  1. Fed. Sec. L. Rep. P 96,861 Gerald Mansbach v. Prescott, Ball & TurbenCourt of Appeals for the Sixth Circuit · 1979
  2. Fed. Sec. L. Rep. P 92,714 Edwin J. Herpich v. Robert H. Wallace, Jack E. LoveCourt of Appeals for the Fifth Circuit · 1970
  3. Abram Chasins v. Smith, Barney & Co., Inc.Court of Appeals for the Second Circuit · 1971
  4. Fed. Sec. L. Rep. P 98,722 Securities and Exchange Commission v. The Seaboard Corporation, Etc., Admiralty Fund and Admiralty Fund Growth Series Litigation Trust, Cross-Claimant/appellant v. Hugh Johnson & Company, Inc., Hugh Johnson, Norman Michael Keiser, and Ernst& Ernst, Cross-Defendants/appelleesCourt of Appeals for the Ninth Circuit · 1982
  5. In Re Gas Reclamation, Inc. Securities LitigationDistrict Court, S.D. New York · 1987

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