Legal Opinion

Zimmermann v. Weber

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1909PublishedCited by 10 opinions

Appeal by the' plaintiffs, Leopold Zimmermann and others, copartners, etc,, from a judgment of the Supreme Court in favor of the plaintiffs for three dollars and twelve cents, entered in the office of the cleric of the county of New York on the 3d day of March, 1909, upon the verdict of a jury rendered by direction of the courts and also from an order entered in said clerk’s office on the lltli day of March, 1909, denying the plaintiffs’ motion for a. new trial made upon the…

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Appeal by the' plaintiffs, Leopold Zimmermann and others, copartners, etc,, from a judgment of the Supreme Court in favor of the plaintiffs for three dollars and twelve cents, entered in the office of the cleric of the county of New York on the 3d day of March, 1909, upon the verdict of a jury rendered by direction of the courts and also from an order entered in said clerk’s office on the lltli day of March, 1909, denying the plaintiffs’ motion for a. new trial made upon the minutes.

1Opinion of the Court

Houghton, J.:

The plaintiffs are stockbrokers, and the jury found that the defendant directed them to sell for him twenty-five shares of stock of the Consolidated National Bank which he owned at the price of $160 per share. When the market price reached that figure, the plaintiffs sold such number of shares of stock and notified the defendant that they had made such sale, and requested him to pro*429duce such stock for delivery to their customer. Between the time of the giving of the order to sell and the time when the plaintiffs sold, the defendant had sold his stock to other parties and did not…

2Cases cited3 opinions

  1. Bibb v. AllenSupreme Court of the United States · 1893
  2. Howe v. . Buffalo, N.Y. Erie R.R. Co.New York Court of Appeals · 1867
  3. Brown v. Mechanics & Traders' BankAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by10 opinions

  1. Ford v. SnookAppellate Division of the Supreme Court of the State of New York · 1923
  2. Farr v. CommissionerUnited States Board of Tax Appeals · 1935
  3. Herrman v. LelandAppellate Terms of the Supreme Court of New York · 1914
  4. Esmar v. HaeusslerMissouri Court of Appeals · 1938
  5. Rufo v. OrlandoAppellate Division of the Supreme Court of the State of New York · 1955

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