In re T. A. McIntyre & Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. In the matter of T. A. McIntyre & Co., bankrupts. Application of David A. Niven for the allowance of a claim for margins amounting* to $5,050.05. From an order allowing the claim to the extent of only $1,350.87, affirmed by the District Court, claimant appeals. Prior to April 24, 1908, tiie bankrupts -were stockholders doing business in the city of New York.
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Appeal from the District Court of the United States for the Southern District of New York. In the matter of T. A. McIntyre & Co., bankrupts. Application of David A. Niven for the allowance of a claim for margins amounting* to $5,050.05. From an order allowing the claim to the extent of only $1,350.87, affirmed by the District Court, claimant appeals. Prior to April 24, 1908, tiie bankrupts -were stockholders doing business in the city of New York. On April 15, 1.907, the claimant, Niven, purchased through them on margin 100 shares of the Distillers Securities Corporation at $70 per share. The…
1Opinion of the CourtNoyes, Circuit Judge
(after stating the facts as above). The basis of the claimant’s demand is the conversion of his stock. The only-evidence tending to establish a conversion is the entries in the stock record book showing that upon one particular day there was a difference of only five shares between the receipts and deliveries of Distillers stock. From this testimony the claimant seeks to draw the inference that on that day the brokers must have disposed of, and consequently have converted, his stock.
But the testimony does not warrant the drawing of this inference. There is nothing to show that, if the…
2Cases cited4 opinions
- Whitney v. DresserSupreme Court of the United States · 1906
- Horton v. . MorganNew York Court of Appeals · 1859
- Lawrence v. . MaxwellNew York Court of Appeals · 1873
- Douglas v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by12 opinions
- In re HarperDistrict Court, N.D. New York · 1910
- In re EnnisCourt of Appeals for the Second Circuit · 1911
- In Re Gotham Silver Co.District Court, S.D. New York · 1950
- Cook v. FlaggCourt of Appeals for the Second Circuit · 1918
- In re A. O. Brown & Co.District Court, S.D. New York · 1911
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