McIntyre v. Whitney
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John F..McIntyre, from a portion of a judgment of the Supreme Court in part in favor of the plaintiff, entered in the office of the clerk of the county of New. York' qn the lOtli, day of May, 1910, upon the report of a referee.
1Opinion of the Court
Miller, J,:
Briefly. stated, the facts of this- case áre -that the defendants ‘ Whitney & 'Geraghty, hereinafter referred to as tlie defendants, converted to tlieir own use .the- plaintiff’s stock, which they were carrying for hi-rn on margin, and which was worth at the time of the conversion $45,125 ; that thereafter he paid them- $25,000 in reduction of his loan without knowledge of the conversion ; that between the discovery by him of the. conversion and a reasonable time thereafter in-which to replace the stock, its .highest market- - price was $26,625; that lie then still owed the…
2Cases cited8 opinions
- Markham v. . JaudonNew York Court of Appeals · 1869
- Baker v. . DrakeNew York Court of Appeals · 1873
- Wright v. . Bank of the MetropolisNew York Court of Appeals · 1888
- Gruman v. . SmithNew York Court of Appeals · 1880
- Taussig v. . HartNew York Court of Appeals · 1874
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3Cited by24 opinions
- Doris Filner v. Samuel Shapiro and Southwestern Alloys CorporationCourt of Appeals for the Second Circuit · 1980
- Procter & Gamble Distributing Co. v. Lawrence American Field Warehousing Corp.New York Court of Appeals · 1965
- In Re the Accounting of PeckNew York Court of Appeals · 1912
- Bank of New York v. Amoco Oil Co.Court of Appeals for the Second Circuit · 1994
- Henderson, Et Vir. v. UsherSupreme Court of Florida · 1936
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