Beach v. Kidder
New York Supreme Court
Appeal from a judgment dismissing the plaintiff’s complaint with costs on an order made at the Monroe circuit nonsuiting the plaintiff. This action was brought by the plaintiff, who alleges that the defendants as stock brokers bought and sold stocks for him on his orders and that they did not obey instructions, in consequence of Avhich he suffered damage; and that they had money in their hands for which they had not accounted and which the plaintiff seeks to recover.
1Per curiam
We think the evidence establishes : First. That the defendants rendered and delivered to the plaintiff monthly statements of their dealings with him, stating the nature and character of each transaction and bringing the account to a balance down to the day when the same was rendered, so that the plaintiff, on reading the same, could fully understand the condition of the account as claimed by the defendants.
Second. That the retention of the monthly statements and his letters to the defendants acknoAvledging the receipt of the same, in which he admitted that he had examined and found them…
2Cases cited13 opinions
- Lockwood v. . ThorneNew York Court of Appeals · 1858
- Jugla v. . TrouttetNew York Court of Appeals · 1890
- Knickerbocker v. . GouldNew York Court of Appeals · 1889
- Work v. BeachNew York Supreme Court · 1889
- Frankel v. WathenNew York Supreme Court · 1890
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