Zembler v. Fitzgerald
Massachusetts Supreme Judicial Court
Contract against a firm of stockbrokers upon an account annexed.. Writ dated March 16, 1918. The account annexed to the declaration was as follows: “Fitzgerald, Hubbard & Co. to Louis Zembler, Dr. 1916 Item 1. Feb. 23 To Cash paid $2000.00 “ 2. .July 11 “ 15 Am. Zinc, pref. delivered 918.55 “ 3. Oct. 20 “ Cash paid 472.01 1917 * “ 4 Feb. 3 u tc ce 250.00 “ 5 Total .................... .$3640.56” In the Superior Court the action was referred to an auditor.
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Contract against a firm of stockbrokers upon an account annexed.. Writ dated March 16, 1918. The account annexed to the declaration was as follows: “Fitzgerald, Hubbard & Co. to Louis Zembler, Dr. 1916 Item 1. Feb. 23 To Cash paid $2000.00 “ 2. .July 11 “ 15 Am. Zinc, pref. delivered 918.55 “ 3. Oct. 20 “ Cash paid 472.01 1917 * “ 4 Feb. 3 u tc ce 250.00 “ 5 Total .................... .$3640.56” In the Superior Court the action was referred to an auditor. Portions of the auditor’s report were as follows: “The form of the declaration is to recover $3,640.56 according to an account thereto…
1Opinion of the CourtCarroll, J.
The plaintiff employed the defendants, who are stockbrokers, to buy and sell stock on margin. The contract was made February 23, 1916, when the plaintiff deposited $2,000 and received from the defendants a receipt “Subject to marginal conditions hereon,” to the effect that the amount received was to be used by the defendants as margin or collateral security to protect them from losses in their transactions with the plaintiff; and that they were authorized to sell all the stocks, bonds or other property held by them for the plaintiff’s account, at private or public sale, if the amount paid…
2Cases cited14 opinions
- Adams v. DickMassachusetts Supreme Judicial Court · 1917
- Fisher v. DoeMassachusetts Supreme Judicial Court · 1910
- Chandler v. PrinceMassachusetts Supreme Judicial Court · 1914
- Chase v. City of BostonMassachusetts Supreme Judicial Court · 1902
- Greene v. CoreyMassachusetts Supreme Judicial Court · 1912
9 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Pietrazak v. McDermottMassachusetts Supreme Judicial Court · 1960
- Hosher-Platt Co. v. MillerMassachusetts Supreme Judicial Court · 1921
- Adams v. HaydenMassachusetts Supreme Judicial Court · 1920
- Osadchuk v. GordonMassachusetts Supreme Judicial Court · 1925
- Barrows v. FullerMassachusetts Supreme Judicial Court · 1925
10 more not listed; retrieve them via the Exa API.