Isham v. . Post
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 28, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought by plaintiff, as trustee, to recover of Augustus T. Post the sum of $25,000 alleged to have been placed in his hands to be loaned for plaintiff and to be returned on demand.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 28, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought by plaintiff, as trustee, to recover of Augustus T. Post the sum of $25,000 alleged to have been placed in his hands to be loaned for plaintiff and to be returned on demand. After the death of Post the action was revived and continued against his administratrix. The facts, so far as material, are set forth in the opinion.…
1Opinion of the CourtFinch, J.
The relation between the parties to this controversy must be regarded as that of principal and agent. Post was a banker; not a member of the Stock Exchange and so .bound by its rules, but familiar with its customs and usages and controlled by them to some extent whenever dealing with stocks in the "Wall street market. He held himself out to the business world in that character. By his circulars he advertised himself as dealing in “ choice stocks ” and promised his customers “ careful attention ” in all their financial transactions. Those who dealt with him contracted for and had a right to…
2Cases cited1 opinion
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
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- Stark v. United States Trust Co. of NYDistrict Court, S.D. New York · 1978
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