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Goess v. Ehret

United States District Court, S.D. New York
Jan 15, 1936
13 F. Supp. 630 (S.D.N.Y. 1936)

Opinion

January 15, 1936.

Conboy, Hewitt, O'Brien Boardman, of New York City (David Asch, William Butler, and H.L. Brinsmade, all of New York City, of counsel), for complainant.

Warfield Brown, of New York City (Alfred Becker, of New York City, of counsel), for defendant.


This action was brought to recover the sum of $252,054.92 on a promissory note. A jury trial was waived. A counterclaim was interposed based upon fraud on the part of the officers of the Harriman National Bank in the sale of its own stock.

Defendant purchased 100 shares of stock of the bank on certain misrepresentations made by Harriman. These shares of stock sold to the defendant were sold out of the Harriman Securities Corporation's suspense account. The amount of the price was credited to the securities corporation.

Defendant by way of relief requests that the bank take back the shares of its own stock and pay to the defendant the purchase price of these shares. This relief cannot be granted. Awotin v. Atlas Exchange Nat. Bank, 295 U.S. 209, 55 S.Ct. 674, 79 L.Ed. 1393.

The bank was not permitted to sell stock. If it attempted to do so, a person dealing with it would have no recourse for any loss that might occur. There can be no relief in this case.

Judgment for the plaintiff.

Settle findings and decree on notice.


Summaries of

Goess v. Ehret

United States District Court, S.D. New York
Jan 15, 1936
13 F. Supp. 630 (S.D.N.Y. 1936)
Case details for

Goess v. Ehret

Case Details

Full title:GOESS v. EHRET

Court:United States District Court, S.D. New York

Date published: Jan 15, 1936

Citations

13 F. Supp. 630 (S.D.N.Y. 1936)

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