Simons v. Rubin

City of New York Municipal Court

Simons v. Rubin

145 Misc. 761, 260 N.Y.S. 776, 1932 N.Y. Misc. LEXIS 1649

CourtCity of New York Municipal Court

DecidedDecember 7, 1932

StatusPublished

Cited by2 cases

This text of 145 Misc. 761 (Simons v. Rubin) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Simons v. Rubin, 145 Misc. 761, 260 N.Y.S. 776, 1932 N.Y. Misc. LEXIS 1649 (N.Y. Super. Ct. 1932).

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Opinion

La Fetba, Ch. J.

This is an action to recover the purchase price of certain stock. The evidence discloses that the plaintiffs on a certain day in September acted as brokers for the defendant, their customer, in the purchase of the stock in question. It was a transaction, between agent and principal and not one between two principals as claimed by the defendant. The Statute of Frauds has no application. (Friedman & Co. v. Newman, 255 N. Y. 340.) Evidence bearing upon the agency subsequent to the order was admissible upon the question of fact involved. The stock was duly tendered to the defendant.

Judgment is directed in favor of the plaintiffs for the sum of $1,016.83, with interest thereon from the 10th day of September, 1929, together with costs.

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La Fetba, Ch. J.

This is an action to recover the purchase price of certain stock. The evidence discloses that the plaintiffs on a certain day in September acted as brokers for the defendant, their customer, in the purchase of the stock in question. It was a transaction, between agent and principal and not one between two principals as claimed by the defendant. The Statute of Frauds has no application. (Friedman & Co. v. Newman, 255 N. Y. 340.) Evidence bearing upon the agency subsequent to the order was admissible upon the question of fact involved. The stock was duly tendered to the defendant.

Judgment is directed in favor of the plaintiffs for the sum of $1,016.83, with interest thereon from the 10th day of September, 1929, together with costs.

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Bluebook (online)

145 Misc. 761, 260 N.Y.S. 776, 1932 N.Y. Misc. LEXIS 1649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simons-v-rubin-nynyccityct-1932.

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