118 Misc. 298 | City of New York Municipal Court | 1922
J. The plaintiff brought this action to recover the sum of $1,500 for moneys laid out and expended to the extent of $1,350 at the special instance and request of defendant in the purchase of 300 shares of the stock of a corporation known as General Tractors, Inc., and for moneys loaned to defendant to the amount of $150. The count in the complaint dealing with the loan was withdrawn. The testimony of the plaintiff was to the effect that on September 8, 1919, the defendant met him on the New York curb market and requested him to purchase the stock in question at $4.50 per share and to pay therefor, saying that on the following day he would reimburse plaintiff; that plaintiff gave an order for the purchase of this stock and the same was actually bought through W. L. Darnell & Co. for $1,350, which plaintiff paid this concern, and that on a tender of the stock to him the defendant failed to pay for the same. On cross-examination the plaintiff testified that he had no license to act as a stockbroker, and also as to other matters not necessary for consideration at this time. A motion by counsel for defendant for a dismissal of the complaint because of the failure of plaintiff to comply with section 275-a of the Tax Law was granted, and a verdict was directed in favor of the defendant. A motion was then made fco set aside the dismissal and directed verdict. It is doubtless the rule that where a statute expressly or by implication forbids a person from acting in a given capacity or occupation without a license he is precluded from recovering for work done in violation of such statute. Johnston v. Dahlgren, 166 N. Y. 354; Schnaier v. Navarre Hotel & Imp. Co., 82 App. Div. 25. On the other hand, there are many statutes which, without prohibiting the carrying on of
Ordered accordingly.