Simonson v. Mendham — 190 N.Y. 515

Majority

p. 515

Arthur F. Simonson, Respondent, v. Louis P. Mendham et al., Appellants.

Headnote

Simonson v. Mendham, 115 App. Div. 882 , affirmed.

(Submitted October 30, 1907;

decided November 19, 1907.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 3, 1906, affirming a judgment in favor, of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover for a loss alleged to have been sustained by plaintiff’s assignor through the failure of the defendants, a firm of stock brokers, to execute certain orders and instructions relative to the sale of stocks.

p. 516

Arthur Ofner and Frank Acer for appellants.

Albert A. Wray and Stephen Callaghan for respondent.

Judgment affirmed, with costs ; no opinion.

Concur: Cullen, Ch. J., Gray, O’Brien, Yann, Werner, Willard Bartlett and Chase, JJ.