LYNCH v. MAW

No. 8022.

3 Utah 2d 271 (1955)

282 P.2d 841

CECIL L. LYNCH, PLAINTIFF AND APPELLANT, v. GEORGE C. MAW, ADMINISTRATOR OF THE ESTATE OF RICHARD C. BADGER, DECEASED, AND J.A. HOGLE, JAMES E. HOGLE AND NUMEROUS OTHER PERSONS, A PARTNERSHIP, D/B/A J.A. HOGLE & CO., DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

April 25, 1955.


Attorney(s) appearing for the Case

Rawlings, Wallace, Roberts & Black, Dwight L. King, Salt Lake City, for appellant.

Marr, Wilkins & Cannon, Richard H. Nebeker, Salt Lake City, for respondents.


CROCKETT, Justice.

The question presented by this appeal is whether a stock broker who purchased stocks on the New York Stock Exchange on behalf of an "outside" broker, held them in pledge to support the latter's account and resold them upon his order is, upon the outside broker's defalcation, responsible to the customer who has paid the outside broker in full for the stock.

Upon suit by Cecil L. Lynch (the customer) against J.A. Hogle & Company (the exchange...

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