94 N.Y.S. 1089 | N.Y. App. Div. | 1905
The plaintiff pleaded a refusal by the defendants to sell certain shares of stock as a breach of the ordinary stockbroker’s agreement to purchase" and carry stock subject to the customer’s order. It appeared that the stock in question was 1,000 shares of a much larger number purchased on account of a pool formed by an agreement signed by the' defendants and several other brokers on behalf of customers. The plaintiff’s evidence tended to establish a contract between him and the defendants, pursuant to which the defendants were to purchase and carry for him said stock, it being understood, however, that the stock was pool stock. His evidence tended further to establish the fact that the pool agreement was never submitted to him, and that it was agreed that he should be at liberty to
The judgment and order should be reversed and a new trial granted, costs to abide the event.
Hirschberg, P. J., Bartlett and Rich, JJ., concurred.
Judgment and order reversed and new trial granted, costs to abide the event.