Talbot v. Wulf

The opinion of the court was delivered by

Burch, J.:

The action was one to recover shares of stock, or in the alternative, the value of shares of stock, which defendant purchased from a person who procured them from plaintiff by fraud. Defendant’s demurrer to the petition was overruled, and he appealed. The jury returned a verdict for plaintiff, the court granted a new trial and, the plaintiff having died, his executrix appealed. The two appeals were consolidated in this court.

The action was commenced by C. W. Talbot, by his néxt friend, Mrs. C. W. Talbot. The petition alleged that C. W. Talbot…