Follansbee v. Parker

Citations

• 70 Ill. 11

Syllabus

<p>1. Account behdebed—acceptance by acquiescence. Where an account of a banker is rendered, showing a sale of a party’s stocks, which the latter receives without objection, in ignorance of the facts, his acquiescing in the same, under such circumstances, will not preclude him from after-wards disputing the account.</p> <p>3. Sale of stocks—where broker makes two sales at different prices, whether customer is entitled to price received on first sale. Where a customer of a bank in Chicago had railroad stocks which were held by the bank, in its name, in other banks, in the city of New York, and, during the great Chicago fire, directed his banker to telegraph immediately and have them sold, and directed the dispatch to be sent from a station outside of the city, under the belief that none could be sent from the city, and, after this, the bank sent a dispatch from the city, under which more stocks were sold than those it held for such customer, and, on the next day, sent another dispatch from the station outside the city, which did not get through for some time, and under which other railroad stocks were sold at a much lower price than the first, it was held, that the customer was entitled to recover of his banker, for his stocks sold, the price received at the first sale, as he was the first to give a direction to sell.</p>