Cavill v. Welfare Loan Society

Plaintiff alleges that he purchased stock in the defendant corporation of the par value of $185; that bogus certificates were issued to him which the company subsequently refused to recognize. He sues for the return of the $185, paid the defendant corporation.

An exception of no cause of action was filed by defendant and maintained by the court, a qua. Plaintiff has appealed.

The argument in support of the exception of no cause of action is that plaintiff’s remedy is by mandamus and that there is no allegation in the petition to the effect that tender of the alleged worthless stock was made to…