Dowling v. Lincoln Deposit & Trust Co.

Patterson, P. J.,

— This is an action brought by the plaintiff against the defendant to recover the sum of $10,000 claimed in the original plaintiff’s statement, and reduced to $9000 in two amended statements, and representing a loss alleged to have been sustained by plaintiff as a result of defendant’s retention of 100 shares of Superior Silicia Brick Company stock, represented by certificate No. 242. Upon the trial of the case, a judgment of non-suit was entered, and we are now asked to strike it off.

Findings of fact.

In April, 1920, the plaintiff was the owner of a certain certificate of the…