Colt v. . Owens
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Eew York, entered upon an order made June 13, 1881, which affirmed a judgment in favor of plaintiff for six cents damages and six cents costs. (Reported below, 15 J. & S. 430.) This action was brought against defendants, who were stock brokers, for alleged breach of contract, the substance of which, as well as the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of Eew York, entered upon an order made June 13, 1881, which affirmed a judgment in favor of plaintiff for six cents damages and six cents costs. (Reported below, 15 J. & S. 430.) This action was brought against defendants, who were stock brokers, for alleged breach of contract, the substance of which, as well as the material facts are stated in the opinion. Plaintiff had supplied defendants with an acceptable guaranty, and his rights were the same as though he had paid the purchase-money in full. (Suydam v. Jenkins, 3…
1Opinion of the CourtMiller, J.
This case involves a question as to the measure of damages upon a sale of stock, which the defendants purchased and agreed to carry for the plaintiff until instructions were given by him to sell, or for a period of six months. A guaranty was given to the defendants by another party against loss, and the defendants, upon being notified by the guarantor that he withdrew Ms guaranty, gave notice thereof to the plaintiff that, unless he placed a margin in their hands at a time named upon the next day, they would, close out the stock at that time. This not being done the stock was sold. It may be…
2Cases cited2 opinions
- Baker v. . DrakeNew York Court of Appeals · 1873
- Baker v. . DrakeNew York Court of Appeals · 1876
3Cited by37 opinions
- Galigher v. JonesSupreme Court of the United States · 1889
- Steranko v. Inforex, Inc.Massachusetts Appeals Court · 1977
- Hall v. PaineMassachusetts Supreme Judicial Court · 1916
- Wright v. . Bank of the MetropolisNew York Court of Appeals · 1888
- Carney v. New York Life InsuranceNew York Court of Appeals · 1900
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