Legal Opinion
Berman v. Orimex Trading, Inc.
District Court, S.D. New York
Decided July 24, 1968No. 67 Civ. 3978PublishedCited by 34 opinions
1Opinion of the Court
MEMORANDUM
FREDERICK van PELT BRYAN, District Judge:
Motion by defendant to dismiss for lack of subject matter jurisdiction.
The complaint alleges in essence that plaintiff Berman opened a “discretionary account” with defendant Orimex for the purpose of trading in cocoa futures. Ac cording to the complaint, Berman entrusted Orimex with monies which Orimex was to invest as it saw fit in cocoa futures on the New York Cocoa Exchange. It is alleged that Orimex represented to Berman that it was especially knowledgeable and skilled in the business of speculating in cocoa futures, and that it could…
2Cases cited5 opinions
- Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
- Tcherepnin v. KnightSupreme Court of the United States · 1967
- Securities & Exchange Commission v. C. M. Joiner Leasing Corp.Supreme Court of the United States · 1943
- Sinva, Inc. v. Merrill, Lynch, Pierce, Fenner & Smith, Inc.District Court, S.D. New York · 1966
- Maheu v. Reynolds & Co.District Court, S.D. New York · 1968
3Cited by34 opinions
- Fed. Sec. L. Rep. P 94,710 Securities and Exchange Commission v. Koscot Interplanetary, Inc.Court of Appeals for the Fifth Circuit · 1974
- Fed. Sec. L. Rep. P 94,724 Securities and Exchange Commission v. Continental Commodities CorporationCourt of Appeals for the Fifth Circuit · 1974
- Savino v. EF Hutton & Co., Inc.District Court, S.D. New York · 1981
- Fed. Sec. L. Rep. P 93,355 Ella Milnarik v. M-S Commodities, Inc., an Illinois Corporation, and David S. NelsonCourt of Appeals for the Seventh Circuit · 1972
- Fed. Sec. L. Rep. P 96,167 William F. Hirk v. Agri-Research Council, Inc., John Burlington, and Glenn AndersenCourt of Appeals for the Seventh Circuit · 1977
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