German v. Snedeker

Plaintiff’s complaint has been dismissed on motion made by the defendants under rule 113 of the Rules of Civil Practice, upon the theory that on the conceded facts she has suffered no *597damage, as a result of the transactions stated therein. It is alleged (and we must assume for the purposes of this motion that the charge is true) that securities carried by the defendants as her brokers were transferred from her account to that of her husband; and that at the time of this unauthorized transfer a substantial credit balance in her account was appropriated by the defendants. Her damages are based…