186 A.D. 767 | N.Y. App. Div. | 1919
The plaintiff, a consulting engineer who had been in this country but a short time, having come from England, had become acquainted with one Montgomery, whom he had met on four or five occasions with reference to some industrial transactions in which Montgomery was a broker. On June 2, 1917, while plaintiff was calling on Montgomery at the latter’s office, Montgomery explained to him that there was a good chance to make money by selling Studebaker common stock short. Plaintiff decided to sell 100 shares short and, for this purpose, delivered to Montgomery his check dated June 2, 1917, drawn on the National City Bank for $1,000, payable to
The determination of the Appellate Term should be affirmed, with costs.
Claeke, P. J., Dowling, Smith and Page, JJ., concurred.
Determination affirmed, with costs.