O'Connor v. Graff — 230 N.Y. 552

Majority

p. 552

John A. O’Connor, Respondent, v. G. Edward Graff et al., Appellants.

Headnote

Conversion — stockbrokers — unauthorized sale of stocks held by stockbroker on margin.

O’Connor v. Graff, 186 App. Div. 116 , affirmed.

(Argued October 22, 1920;

decided November 16, 1920.)

Appeal from, a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 15, 1919, modifying and affirming as

p. 553

modified a judgment in favor of plaintiff entered upon the report of a referee. The action was in conversion to recover damages from the defendants for selling stocks claimed to have been bought and held on margin by them as plaintiff’s brokers, and to have been disposed of by them without his knowledge or notice to him.

John B. Doyle and Edward Murphy for appellants.

Andrew J. Nellis and H. Walter Lee for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Hogan, Cardozo, McLaughlin, Crane and Andrews, JJ.