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SEC. OPTIONS CORP. v. SHELTON

35 Misc.2d 741 (1962)

Security Options Corp., Plaintiff, v. Richard Shelton, Defendant.

Supreme Court, Special and Trial Term, New York County.

August 9, 1962

Attorney(s) appearing for the Case

Alan C. Winick (Burton H. Zuckerman of counsel), for plaintiff. Cooper, Ostrin, De Varco & Ackerman (Martin S. Ackerman and Jerome B. Fleischman of counsel), for defendant.

BERNARD NEWMAN, J.

This is an action for money had and received. Plaintiff is a broker-dealer, specializing in the sale of over-the-counter securities. On April 3, 1961, defendant placed with plaintiff an order to sell 300 shares of Magna Bond stock at a specified price of $20.50 per share. The sale order was confirmed in writing, with the notice setting April 7, next ensuing, as the settlement date, and stating...

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