United States First Circuit

Judgment of the district court in an action to recover money from a brokerage firm under money had and received and unjust enrichment theories is vacated and remanded where defendant deserved a new trial since the court erred in giving jury instructions involving defendant's statutory defense as a holder in due course, and where defendant was entitled to judgment concerning the amounts attributable to a third-party's fraudulent purchases of stock.

Appellate Information

• Decided 11/17/2006
• Published 11/17/2006

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, TORRUELLA and DYK, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellees:
  
• Ruth T. Dowling with whom Daniel G. Cromack and Edwards Angell Palmer & Dodge LLP were on brief for defendants-appellants., Peter F. Carr, II with whom Eckert Seamans Cherin & Mellott, LLC was on brief for plaintiff-appellee.