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Peabody v. Gilbert

Peabody v. Gilbert, 19 F. Cas. 39 (1866)
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Court
U.S. Circuit Court for the District of Southern New York · Historical Federal Courts
Decided
July 14, 1866
Judges
Nelson
Citations
19 F. Cas. 395 Blatchf. 3341866 U.S. App. LEXIS 397
Headnotes
Case No. 10,868. Definition of “Broker” — Broker’s Tax.
Summary
[This was an action by Augustus L. Peabody and others against Sylvester C. Gilbert and Sheridan Shook.]

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Nelson

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NELSON, Circuit Justice.

The opinion in the case of Clark v. Gilbert [Case No. 2,822] disposes of this case. The plaintiffs are banker's, and do business as such, by receiving stocks, bonds, &c., for sale, and by lending and advancing money on stocks, bonds, &c., and in default of repayment, sell the same, and, also, purchase and sell stocks, bonds, &c., on their own account, and not on commission, or for others. They also purchase and sell stocks, bonds, &c., for others, under certain stipulations as to risk, losses, and profits, which is the business of a broker, and the sales are subject to the broker’s tax.

[In 5 Blatchf. 334 , this case is published as a note to Clark v. Gilbert, Case No. 2,822.]

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