Alley v. Peeso

I agree with all that is said in the foregoing opinion, except in so far as it limits defendant’s recovery to 5,000 shares of stock.

Plaintiff testified: “I have between five and six thousand shares.” He also said that he had transferred 123,500 shares to his brother in November, 1927, retaining in himself a proxy to vote the stock. He expected to get some of that back after reaching a settlement of business matters with his brother. When asked as to how much he expected to have returned to him, he said: “I probably will get 15,000 shares, maybe more or less.” He was asked: “You estimate when…