Arakie v. Hatoff

Plaintiff brings this action for an alleged breach of fiduciary duty in connection with the purchase of stock over-the-counter for plaintiff’s account. The case was tried by the court without a jury and the court entered judgment in favor of plaintiff in the amount of $2,400, plus 6 per cent per annum interest from June 1, 1968. Defendant appeals and contends that the court predicated its conclusion on a false assumption as to how the transaction must have occurred, rather than upon the weight of the evidence as to how it did occur. The facts follow.

On May 15, 1968, plaintiff, through…