Busch v. L. F. Rothschild & Co.
Decision Date | 13 May 1965 |
Citation | 259 N.Y.S.2d 239,23 A.D.2d 189 |
Court | New York Supreme Court — Appellate Division |
Parties | Samuel Harry BUSCH and Rose B. Busch, Plaintiffs-Respondents, v. L. F. ROTHSCHILD & CO. and Leonard Heine, Defendants-Appellants. |
Joseph L. Fishman, New York City, of counsel (Moses & Singer, New York City, attorneys), for appellants.
Harold N. Kaufman, New York City, for respondents.
Before BOTEIN, P. J., and VALENTE, McNALLY, STEVENS and STEUER, JJ.
Defendants appeal from an order denying their motion for summary judgment. We believe the motion should have been granted.
It appears that the plaintiffs had a margin account with defendants, stockbrokers. In March 1962 there were in the account 50 Rapid American bonds, together with other securities. On March 8, according to plaintiffs, they gave an order over the telephone to the defendant Heine, who was the customer's man handling the account, to sell these bonds and 300 shares of International Paper stock, also in the account. According to plaintiffs, Heine accepted the order to sell the International Paper stock (which was in fact sold) but he refused flatly to accept the order to sell the bonds. According to plaintiffs there was no further discussion on the subject, and neither then nor at any prior time was there any intimation why such an attitude would be taken. Some three months later, and after the market price of the bonds had decreased materially, plaintiffs made complaint. Defendants denied receipt of the order.
For the purposes of this motion the version claimed by the plaintiffs will be deemed to be the fact. Further, we will not consider defendants' defense of ratification. A stockbroker is an agent for the customer. Unless he accepts the agency he has no duty to execute any order and may refuse to do so (Meyer, Law of Stock Brokers and Stock Exchanges, changes, vol. 1, p. 249). The relationship is not changed by the fact that there is a margin account. The duty in such case is to give prompt notice that the order is refused.
There are few cases where a broker refused a particular order from a customer who has an account with him, but such as there are support the conclusion stated. In Galigher v. Jones, 129 U.S. 193, 9 S.Ct. 335, 32 L.Ed. 658, the plaintiff broker received an order to buy certain stocks and to sell others from a customer with whom he had a margin account. The order came by telegram. Plaintiff's office was in Salt Lake City; the customer resided in Virginia City. Plaintiff decided to refuse the order and wrote a letter to that effect. The court decided that he had not given prompt notice of his refusal--that he should have taken the same means to advise as the customer did in giving the order, namely, telegraph. The court said:
(pp. 198-199, 9 S.Ct. pp. 336, 337.)
It would follow that had prompt notice been...
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Courtland v. Walston & Co., Inc., 66 Civ. 1024.
...a customer so long as he makes clear at the time the orders are given that he refuses to perform them. See Busch v. L. F. Rothschild & Co., 23 A.D.2d 189, 259 N.Y.S.2d 239 (1965) and cases cited Plaintiff, a single woman whose age was approximately 38 at the time of the incidents complained......
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Hand v. Dean Witter Reynolds Inc.
...he accepts the agency. See Courtland v. Walston & Co., Inc., 340 F.Supp. 1076, 1079 (S.D.N.Y.1972); Busch v. Rothschild & Co., 23 A.D.2d 189, 259 N.Y.S.2d 239, 240 (N.Y.App.Div.1965); Capital Options Investments, Inc. v. Goldberg Brothers Commodities, Inc., Comm.Fut.L.Rep. (CCH) para. 24,95......
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Press v. Chemical Investment Services Corp.
...at 246: Saboundjian v. Bank Audi, 157 A.D.2d 278, 283, 556 N.Y.S.2d 258, 261 (First Dep't 1990); cf. Busch v. L.F. Rothschild & Co., 23 A.D.2d 189, 190, 259 N.Y.S.2d 239, 240 (First Dep't 1965). Simply put, "[t]he fiduciary obligation that arises between a broker and a customer as a matter ......
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Surgil v. Kidder, Peabody & Co.
...of Wall Street: 'Know thy customer'. Nobody compelled defendant to extend $36,000 of credit to Miss Surgil (Busch v. L. F. Rothschild & Co., 23 A.D.2d 189, 259 N.Y.S.2d 239). Judgment may be entered for the plaintiff against the defendant in the sum of $4,474.85 with interest from November ......