Caspary v. Hatch
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alfred H. Oaspary, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of February, 1913, denying a motion to dismiss the counterclaim interposed by defendant’s amended answer.
1Opinion of the Court
Laughlin, J.:
This is an action by a stockbroker against a customer, for whom he was carrying an account on short sales transactions, for a balance of account after purchasing stock to cover the sales on the failure of the customer to properly margin the account, and thereby closing the account. The defendant by his amended answer put in issue the allegations of the complaint upon which the plaintiff predicates his right to purchase to cover, and pleaded a counterclaim for damages sustained through the failure of the plaintiff to execute an order to purchase stock to cover the short sales,…
2Cases cited5 opinions
- Howard v. . JohnstonNew York Court of Appeals · 1880
- John Slaughter Co. v. Standard MacHine Co.Supreme Court of North Carolina · 1908
- Reilly v. LeeNew York Supreme Court · 1895
- Town of Stinnett v. NoggleWisconsin Supreme Court · 1912
- Quayle & Son v. Brandow Printing Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by4 opinions
- Gleason v. BushAppellate Division of the Supreme Court of the State of New York · 1915
- Caspary v. HatchAppellate Division of the Supreme Court of the State of New York · 1914
- Kalb v. LeffCity of New York Municipal Court · 1930
- Sturtevant v. DowsonOregon Supreme Court · 1923