Merrill Lynch, Pierce, Fenner & Smith Inc. v. Theriot

GULOTTA, Judge.

In this stock transfer case, defendant Donald E. Theriot appeals from a judgment in favor of the plaintiff stockbroker, Merrill Lynch, Pierce, Fenner and Smith, Inc., in the sum of $8,046.69. This amount represents the purchase price of 300 shares of Chart House, Inc. stock Merrill Lynch erroneously credited to Theriot’s account in transferring the account to another broker, A. G. Edwards and Sons, Inc.

*414The thrust of defendant’s appeal is threefold: (1) That plaintiffs suit, filed on November 23, 1976, is based upon a tort claim for unlawful conversion which occurred on March…