Apostoloff v. Levy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, C. Sedgewick Levy and others, from an order and determination of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 20th day of June, 1918, reversing a judgment of the City Court of the City of New York and directing a judgment in plaintiff’s favor for the sum of $1,000.
1Opinion of the Court
Shearn, J.:
The plaintiff, a consulting engineer who had been in this country but a short time, having come from England, had become acquainted with one Montgomery, whom he had met on four or five occasions with reference to some industrial transactions in which Montgomery was a broker. On June 2, 1917, while plaintiff was calling on Montgomery at the latter’s office, Montgomery explained to him that there was a good chance to make money by selling Studebaker common stock short. Plaintiff decided to sell 100 shares short and, for this purpose, delivered to Montgomery his check dated June 2,…
2Cases cited4 opinions
- Sims v. . U.S. Trust Co. of New YorkNew York Court of Appeals · 1886
- Hathaway v. . County of DelawareNew York Court of Appeals · 1906
- Edwards v. . DooleyNew York Court of Appeals · 1890
- Timpson v. . AllenNew York Court of Appeals · 1896
3Cited by6 opinions
- Munn v. BoasbergNew York Court of Appeals · 1944
- Modesto Building & Loan Ass'n v. WyldeCalifornia Supreme Court · 1933
- Pacific Finance Corp. v. Bank of YoloCalifornia Supreme Court · 1932
- American Surety Co. v. Smith, Landeryou & Co.Nebraska Supreme Court · 1942
- Amato v. FULLINGTON ET UXOregon Supreme Court · 1958
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