Witten v. Torgerson

This action is brought to recover on a promissory note for $7,500 given by defendant in part payment for the purchase of 50 shares of the capital stock of the Commercial & Savings Bank of Sioux Falls. The total purchase price of the 50 shares of stock was $10,000, but defendant made a cash payment of $2,500 when he subscribed for the stock.

The case was tried to a jury, and: at the close of all the evidence the plaintiff moved for a directed verdict for the full amount demanded in the complaint. This motion was denied, and the jury returned a verdict for the defendant. Plaintiff then moved for…