JEREMIAS v. SHEARSON HAYDEN STONE, INC.


72 A.D.2d 506 (1979)

Ernest Jeremias, Respondent, v. Shearson Hayden Stone, Inc., Appellant

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

October 18, 1979


Plaintiff, a very experienced securities trader, placed a sell order on May 2, 1975 for 3,000 shares with defendant brokerage house. At the time of the sale, plaintiff did not own the stocks in question nor did he inform the defendant of that fact. The order to sell was executed on May 2, 1975. When plaintiff could not make delivery on May 9, 1975, he was informed orally and by telegram that if delivery was not made by May 14, 1975, defendant would buy-in the shares in question...

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