Rogers v. . Wiley
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 21, 1891, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages alleged to have been sustained by plaintiff by reason of an alleged unauthor ized purchase of stock by defendants, who were stock brokers.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 21, 1891, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages alleged to have been sustained by plaintiff by reason of an alleged unauthor ized purchase of stock by defendants, who were stock brokers. The facts, so far as material, are stated in the opinion. The plaintiff failed to-prove a cause of action, and the motion for nonsuit at the close of…
1Opinion of the CourtMaynard, J.
Prior to July, 1882, the defendants, who were stock brokers in Hew York city, were carrying for, and on the account of, the plaintiff, who is an attorney residing at Sandy Hill, 1,000 shares of Delaware and Lackawanna stock, of the par value of §50 each, upon a short sale which had been previously effected at 120 some time before March 1, 1881.
The original contract between the parties was of the usual character, and required the plaintiff to keep on deposit with the defendants, either in money or acceptable securities, at least twenty per cent of the amount necessary to make good •the short…
2Cases cited4 opinions
- Markham v. . JaudonNew York Court of Appeals · 1869
- Campbell v. . WrightNew York Court of Appeals · 1890
- Emery v. . WilsonNew York Court of Appeals · 1879
- Clarke v. MeigsThe Superior Court of New York City · 1863
3Cited by6 opinions
- Szymanska v. Equitable Life InsuranceSuperior Court of Delaware · 1936
- Rosenthal v. BrownNew York Court of Appeals · 1928
- King v. Zell & MerceretCourt of Appeals of Maryland · 1907
- Barber v. EllingwoodAppellate Division of the Supreme Court of the State of New York · 1909
- Minor v. BeveridgeNew York Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.