Haskell v. Miller

Headnote

Principal and agent — stockbrokers — release — action to recover margins and profits from transactions in cotton — words of general release in instrument referring to stock account not applicable to claim arising on cotton account.

Haskell v. Miller, 221 App. Div. 48 , affirmed.

Appeal from a judgment, entered July 7, 1927, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and directing judgment in favor of plaintiff. The action was to recover margins and profits in connection with transactions in cotton for future delivery

had by plaintiff’s assignor with defendants. The answer set up a general release. The Appellate Division held that the release was limited by its recitals to a stock account which the assignor also had with defendants and that, therefore, the general words of release therein were applicable only to claims arising out of that account, there being nothing on the face of the instrument indicating that matters other than those specifically referred to were intended to be discharged.