Blumenthal v. Larson

Appeal from an order dismissing an action against a surety on a bond given under the Corporate Securities Act.

There is no dispute as to the facts. The complaint contained two counts arising out of the same transaction. The first is an open book account for securities bought and sold by plaintiff for the account of the defendant Larson under which it is sought to recover the sum of $620. The second is for a breach of a contract for the sale and purchase of securities, sold by plaintiff and purchased by the defendant, and it alleges that by reason of such breach plaintiff was damaged in the sum…