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CELL v. MOORE & SCHLEY SECURITIES CORP.

No. C4-89-76.

449 N.W.2d 144 (1989)

Gordon W. CELL, Respondent, v. MOORE & SCHLEY SECURITIES CORPORATION, Appellant, Joseph Jenkins, Jr., Defendant.

Supreme Court of Minnesota.

December 15, 1989.

Attorney(s) appearing for the Case

Richard A. Lockridge, Andrea J. Kaufman, Opperman, Heins & Paquin, Minneapolis, for appellant.

Joseph Dudley, Jr., Steven C. Opheim, Dudley and Smith, P.A., St. Paul, for respondent.

Heard, considered and decided by the court en banc.

KEITH, Justice.

Gordon W. Cell brought this action against his stock brokers, Moore & Schley Securities Corporation ("Moore & Schley"), a New York corporation, and Joseph Jenkins, Jr., an employee of the corporation. Mr. Cell alleged that he had been fraudulently induced to enter into a "Customer's and Margin Agreement" ("Agreement"), and sought to recover damages on various claims arising out of securities transactions between himself and Moore & Schley...

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