New York Court of Appeals
Jeremiah B. Gruman, as Assignee v. Isaac T. Smith, Respondent
April 13, 188081 N.Y. 25
Summary
The Court reversed the lower court's dismissal, holding that the broker's unauthorized sale of pledged stock without notice was a conversion but did not extinguish the broker's claim for the advance. Damages are limited to the difference between the market value of the stock and the price realized on the illegal sale, not the full amount of the debt.