MUELLER v. MORRELL & CO., INC.

107825/10, 12285

116 A.D.3d 598 (2014)

986 N.Y.S.2d 38

2014 NY Slip Op 2718

JOHN MUELLER, Appellant, v. MORRELL & COMPANY, INC., Respondent.

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

Decided April 22, 2014.


Plaintiff alleges that in January 1998 he purchased certain wine futures on condition that, when they were delivered to defendant, defendant would store them for him until he was able to take delivery. He asserts that he knew he would be working abroad for an extended period of time and would not be able to take delivery until his return, and that therefore he relied on defendant's agreement to hold the futures for him in deciding to make his purchase. In November 1999, defendant...

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