Donahue v. Noltimier

The plaintiff Donahue sued the defendant to recover the sum of $2,000 and interest alleged to have been paid to the defendant as the purchase price of certain stock which was never delivered to the plaintiff. In the complaint there were allegations of false and fraudulent representations and deceit. In the district court the plaintiff had a verdict and judgment for the full amount demanded and the jury made an additional special finding that the defendant induced the purchase by fraudulent representations and solicitations. The defendant appeals from the judgment.

The plaintiff alleges that in…