Legal Opinion

Taylor v. Guest

New York Supreme Court

Decided June 15, 1873Published

The plaintiff placed with his brokers, Scott,, Strong & Go., in November, 1871, $110,000 of the Jefferson railroad bonds, directing them to sell them at the best market rate. The bonds had no quotable market rate, and Scott, Strong & Co. sent word to defendant, a broker, that they had the bonds for sale. One Potter J. Thomas called on Scott, Strong & Co., to obtain the particulars, and they asked him to get a purchaser.

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The plaintiff placed with his brokers, Scott,, Strong & Go., in November, 1871, $110,000 of the Jefferson railroad bonds, directing them to sell them at the best market rate. The bonds had no quotable market rate, and Scott, Strong & Co. sent word to defendant, a broker, that they had the bonds for sale. One Potter J. Thomas called on Scott, Strong & Co., to obtain the particulars, and they asked him to get a purchaser. Shortly after Thomas called on Scott, Strong & Co. with a letter from defendant, in which he offered sixty per cent for the bonds, and Thomas remarked it was the best price…

1Opinion of the CourtBeady, J.

The evidence in this case establishes the facts that Mr. Scott sent to the defendant’s office to say that his firm held the bonds and wanted to sell them or to find a purchaser for them; that in response Mr. Thomas called and was advised by Mr. Scott that he wanted him to sell the bonds for the best price he could; that Thomas had previously acted for the defendant in transactions of a similar character; that Thomas and the defendant obtained an offer of seventy-five per cent for the bonds; that subsequently Thomas went to Mr. Scott and said that sixty per cent was the best price he could…

2Cases cited3 opinions

  1. Elwell v. . ChamberlinNew York Court of Appeals · 1864
  2. Conkey v. BondNew York Supreme Court · 1861
  3. Gutchess v. WhitingNew York Supreme Court · 1866

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