Hanks v. Drake
New York Supreme Court
THE plaintiff seeks to recover from the defendants damages for selling stock without notice, and without giving sufficient time to furnish the. requisite advance for a margin. There seems to he no dispute about the facts.
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THE plaintiff seeks to recover from the defendants damages for selling stock without notice, and without giving sufficient time to furnish the. requisite advance for a margin. There seems to he no dispute about the facts. As stated by the plaintiff, it appears that the defendants had purchased and sold stocks for him at different times ; that when it was desirable to buy or sell stocks he invariably signed a paper requesting them to buy or sell the designated number of shares. That the defendants in the present case purchased for the plaintiff 200 shares of Michigan Southern Railroad Company.…
1Opinion of the CourtClerke, J.
It is not necessary that I should repeat what I said orally at the trial. I still think that Milliken v. Delion, (27 N. Y. Rep. 364,) is analogous, and is authority in this case. The only difference is, that the transaction in the one related to cotton, in the other to stocks ; and that in the one there was express authority to sell at public or private sale, while in the other there was no express direction as to the method of the sale. One distinguishing feature, however, in Milliken v. Dehon, is that the court discarded the notion, so long prevalent in the courts of this state, that…
2Cases cited4 opinions
- Milliken v. . DehonNew York Court of Appeals · 1863
- Brass v. WorthNew York Supreme Court · 1863
- Genet v. Howland & AspinwallNew York Supreme Court · 1866
- Devyr v. SchaeferNew York Court of Appeals · 1874
3Cited by7 opinions
- Markham v. . JaudonNew York Court of Appeals · 1869
- St. Louis Gunning Advertising Co. v. Wanamaker & BrownMissouri Court of Appeals · 1905
- Kelly v. Connecticut Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1898
- Bank of Owensboro v. Western BankCourt of Appeals of Kentucky · 1877
- Ent v. Evans, Lippincott & CunninghamOhio Superior Court, Cincinnati · 1871
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