Matousek v. Bank of Europe Trust Co.

The oral pleadings of the plaintiff declared on a breach of contract and for money had and received. The answer was a general denial.

The evidence shows that for sometime prior to October 7, 1929, defendant bank had been buying stocks for the plaintiff. Such purchases were made by the defendant through brokers. Payment would be made by plaintiff to the defendant which in turn would make payment to its brokers.

On October 7, 1929, plaintiff ordered defendant to purchase 500 *329shares of Southwest Stores, Inc. The defendant purchased through Sutro & Kimberley on October ninth. The cost, including…