Main V. Lynch

Defendant Merrill Lynch, Pierce, Fenner & Smith Inc. (Merrill Lynch), a stock brokerage firm, and its "account executive," defendant Jack Smith, had been engaging in interstate securities transactions for the account of a customer, plaintiff Edith Main. At defendant Smith's suggestion she signed a writing called a "Lending Agreement" which permitted Merrill Lynch to make discretionary sales and purchases of securities. The writing contained the following provision: "It is agreed that any controversy between us [plaintiff and Merrill Lynch] arising out of your business or this agreement, shall be submitted to arbitration conducted under the provisions of the Constitution and Rules of the Board of Governors of the New York Stock Exchange, . . ."