BILLINGS ASSOC. v. BASHAW


27 A.D.2d 124 (1967)

Billings Associates, Inc., Appellant-Respondent, v. Edwin Bashaw, Respondent-Appellant

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

January 19, 1967.


Attorney(s) appearing for the Case

Egbert L. Wildman, Jr., for appellant-respondent.

John G. Curran for respondent-appellant.

WILLIAMS, P. J., and HENRY, J., concur with GOLDMAN, J.; MARSH, J., dissents in part and votes to affirm the judgment insofar as it dismisses plaintiff's complaint in opinion, in which DEL VECCHIO, J., concurs.


GOLDMAN, J.

Plaintiff, a member of the National Association of Securities Dealers, brought this action to recover from defendant, a customer, the loss it suffered by reason of defendant's failure to pay for securities purchased by plaintiff for the defendant. Although the trial court found that defendant had, through his agent, ordered the securities, it denied recovery and dismissed the complaint on the ground...

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