Thompson v. . Baily
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 11, 1914, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 11, 1914, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff and the defendants should he treated as pledgor and pledgee and it cannot be said that as a matter of law the plaintiff had agreed that the defendants might sell out his contract without notice to him. Therefore, the court erred in dismissing the…
1Opinion of the CourtCardozo, J.
The defendants are cotton brokers and members of the Yew York Cotton Exchange. The plaintiff is their customer. He resides in Wilmington, Yorth Carolina. His dealings with the defendants began on December 14, 1909. On that day he gave an order to one Carmichael, the defendants’ agent in Wilmington. The order was for the sale of 100 bales of October cotton. At the same time he gave Oarmichael $400 for margin. He made inquiry concerning the terms on which the defendants did business. He was told that when they required additional margin, they called on. their customer for it. The next day the…
2Cases cited6 opinions
- Richardson v. ShawSupreme Court of the United States · 1908
- Markham v. . JaudonNew York Court of Appeals · 1869
- Skiff v. StoddardSupreme Court of Connecticut · 1893
- Clark v. . WoodruffNew York Court of Appeals · 1881
- Smith v. . CraigNew York Court of Appeals · 1914
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3Cited by9 opinions
- Leviten v. Bickley, Mandeville & Wimple, Inc.Court of Appeals for the Second Circuit · 1929
- Land Oberoesterreich v. GudeCourt of Appeals for the Second Circuit · 1940
- AM Kidder & Co. v. TurnerSupreme Court of Florida · 1958
- Land Oberoesterreich v. GudeCourt of Appeals for the Second Circuit · 1936
- Britton v. . ScognamilloNew York Court of Appeals · 1924
4 more not listed; retrieve them via the Exa API.