MYER v. SHIELDS & CO.


25 A.D.2d 126 (1966)

Philip Myer, Appellant, v. Shields & Company, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 8, 1966.


Attorney(s) appearing for the Case

Philip Myer, appellant in person.

Robert S. Groban of counsel (Stephen B. Wexler with him on the brief; Groban & Rava, attorneys), for respondent.

BOTEIN, P. J., STEVENS and BASTOW, JJ., concur.


McNALLY, J.

In this nonjury action by a customer against a stockbroker for breach of contract and money had and received, the complaint was dismissed by the learned trial court at the conclusion of plaintiff's case and his motion for a new trial denied on the ground that the transaction between the parties was illegal in that it violated the provisions of the Securities Exchange Act of 1934 (U. S. Code, tit. 15, § 78g, subds. [c], [d]; § 78cc...

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