Legal Opinion

Lazare v. Allen

Appellate Division of the Supreme Court of the State of New York

Decided October 15, 1897PublishedCited by 4 opinions

. - • Appeal by the plain tiff, Adolph H. Lazare, from a judgment of .the Supreme Court iff favor of the defendants, entered in the office of the clerk of the coiun.ty of New York on the 29th day of November, 1895, upon the verdict of'a jury directed by the court: •' ( This appeal-.was transferred from the. first department to.-the. second department. !'-

1Opinion of the Court

Bradley, J.:; The defendants were brokers in the city of New York, doing busi7 ness in the firm name'jof Henry Allen &" Co., -The plaintiff became, their customer in a transaction by which 300 shares of the capital stock of the Louisville and Nashville Railroad Company were sold short on his account, ajbout September 12, 1893 (200 of the shares at 54f, and 100 shares, at 54¿), on a margin, for which the plaintiff deposited with the 'defendants' $1,000.

This was a speculative venture of the plaintiff, to be consummated by buying in the stocks, through the agency of the defendants, uppn*617the…

2Cases cited4 opinions

  1. Koehler v. . AdlerNew York Court of Appeals · 1879
  2. White v. . SmithNew York Court of Appeals · 1874
  3. Campbell v. . WrightNew York Court of Appeals · 1890
  4. Cameron v. . DurkheimNew York Court of Appeals · 1874

3Cited by4 opinions

  1. Barber v. EllingwoodAppellate Division of the Supreme Court of the State of New York · 1909
  2. Kneeland v. PennellAppellate Terms of the Supreme Court of New York · 1905
  3. In re the Assignment of MillsAppellate Division of the Supreme Court of the State of New York · 1910
  4. Winter v. Williamsburgh Savings BankAppellate Division of the Supreme Court of the State of New York · 1902

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