· 4/13/1973
Barbara B. Sack v. V. T. Low, Doing Business as a Partnership Under the Name of Bear, Stearns & Co., and Richard W. Silverman
Citations
- 478 F.2d 360
- 17 Fed. R. Serv. 2d 372
- 1973 U.S. App. LEXIS 10519
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that New York courts would follow the “traditional” approach and recognize securities fraud claim as accruing “where the loss is suffered,” which, in the fraud context, is where “the economic impact is felt, normally the plaintiffs residence”
- reviewing recent decisions in the Southern District of New York ruling that residence is where securities fraud injuries occur
- discussing where injury was suffered and cause of action for fraud arose in context of New York borrowing statute
- “a tort action traditionally has not been viewed as complete until the plaintiff suffers injury or loss”
- Under the First Restate- ment, “loss from fraud is deemed to be suffered where its economic impact is felt, normally the plaintiff's residence”
- “cause of action accrues for purposes of the borrowing statute in the state where the injury is suffered rather than where the defendant committed the wrongful acts”
Source: CourtListener parenthetical corpus (CC0).
Judges: Davis, Friendly, Oakes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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