Ellsworth v. Trinkle

The opinion of the court was delivered by

Burch, J.:

The action was one to recover the price of shares of corporate stock which the plaintiffs were fraudulently induced to buy. The plaintiffs recovered and the defendant appeals.

W. I. Ellsworth is the husband of Helen B. Ellsworth and W. E. Ellsworth is their son. The three were named as plaintiffs, and the contention is they should have sued separately. There was sufficient evidence that the. money paid for the shares of stock came from a common fund to sustain the special finding of the jury that the stock was paid for jointly.

On discovering…