The Law of Stockbrokers, Including the Law Relating to Transactions for Customers On the New York Stock Exchange

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The Stock Exchange does not take cognizance of the con- tractual relation thus established. It will enforce the con- tract only as between the two brokers. But at law the contract may be enforced directly by or against the real principal. The broker may sue on the contract the cus- tomer of the broker with whom it was made, or he may be sued upon it by such customer.^ This is not the less so because of the fact that the customer receives from his broker an immediate report of the transaction in... which the opposite broker is named as the other contracting party.' The rights and liabilities imder the contract as between the customer and the opposite broker are strictly limited to the rights and liabilities which have thereby arisen between the brokers. The principal, at the time when he discloses himself, has no greater rights than his agent has acquired, and cannot be subjected to any greater liability than his agent has undertaken. The contract being made by brokers on the Exchange, is subject to the rules of the Exchange, and those rules, so far as they determine the rights of the brokers under the contract, determine also the rights of the principals.

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