The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-09
THE LADY BESIDE THE TICKER
SUES BROKER FOR NOT BUYING
u. p. AT ia AND SELLING AT 1873.
He Says Put Up No Margin and That
After waiting for Margin . while He
Didn't Get the stock Until IL was l33
She wouldn't Take IL and He sues Her

A woman's stock dabbling in May, 1901,
a few days after the famous rise In, North
ern Pacific and the drop in everything else,
led to a dispute in Justice Clinch's part OF
the Supreme Court yesterday that almost
brought a lawyer and the women's hus-
band to blows.
Mrs. Evelyn McManus, wife OF Charles
L. McManus, a broker living at Rye, is sued
by Harris a Hutton, stock brokers, to re-
cover 5000. The trial of the suit came on
yesterday before Justice Clinch and a jury.
Hutton testified that one evening after the
panic he met Mrs. McManus at Rector's.
She asked him what no knew about Union
Pacific and he told her he knew nothing
Of its prospects save that the market was
shaky and a good thing to keep away from.
-She told me, however," Hutton con-
tinued, that she had good information
about Union Pacific and asked me TO buy
her 100 shares at the opening OF the market
next day. I told her it would take at least
a e. 900 margin and she promised to mail
me a check hat night for hat amount.
But no check came.
I'm the morning she repeated her order
over the telephone and when the stock
opened at 114H l bought 100 shares for my
own account but nothing for her, as no
check had yet arrived. 1t jumped to lI7T
and she called up again TO order me TO buy.
She was SO insistent that l did set out to
get the stock for her, but before | could it
had jumped TO 1913. Meanwhile she was
watching the ticker and when she saw the
price quoted at l22E she ordered me to sell.
| told her I'd only just got the stock at l23
and she repudiated the whole transaction,
saying she had told me to buy at ma.
/ told her she'd have to send a check for
margins and also wrote her TO the Grenoble,
where she was living, but she never came
TO time and we had to close out the stock
ut lOl.'-
Mrs. McManus, blond and stylishly
dressed, denied Hutton's, version. She
said that be had never written demanding
margins and that as he had bought the
stock far o what she told him to pay
she didn't consider herself bound by the
transaction. She has a suit on in West
chester county to recover from the brokers
the profits she would have made If she
had got the stock at ia and sold it at i22.
MoManus corroborated his wife. He
admitted having taken a few flyers in the
ton George M L~eventritt, counsel for
Harris Il Hutton, took up this point.
You've never WEIGHED on stocks, nave
you, Mr.. McManus?' the lawyer asked.
4 ertalnIy not, l never did"
Never Now didn't you buy some Third
Avenue stock once?'
i did, yes: what of it?' exclaime& Mo
Manus. red ss "A peony.
And didn't you WEIGH on that"
ats not true" roared the witness at the
law err. and ii 1 wasn't in the witness chair
you'd never dare say that to me-"
Don't get excited, Mr.. McManus.T said
Leventritt. Il assure o that III ask
you that question again any time you de-
sire. either in court or out Of t.
McManus fumed impotently. while his
wife's lawyer, /. l.. BamDerger. and Justice
Clinch joined in to soothe the witness.
Leventritt looked on smilingly, and allowed
McManus to cav the witness chair. Court
adjourned a few minutes later, and as it
did McManus, who was waiting outside,
walked up TO Leventritt and said:
you shouldn't ave asked me that ques-
ton. You know it's not fair or true"
Leventritt squared himself and faced
McManus. saying
NV clients say that you did WEIGH, and
I believe them. Ill put that question TO
you any Were you like and az often as l
please
McManus went away with his wife. The
trial continues to-day.