Wirth v. Albert

This is an appeal from a judgment dismissing plaintiff’s suit on an exception of no cause of action.

On May 16, 1929, plaintiff agreed to purchase from the Mortgage Securities Company, a corporation engaged in buying, selling, and dealing in securities, certain mortgage bonds to be issued by a corporation of Phoenix, Ariz. Plaintiff paid to the Mortgage Securities Company $36,000, the agreed purchase price, and received an interim certificate, which, omitting signatures, reads as follows, viz.:

“No. 3344. $36,000.00

“Interim Certificate issued by Mortgage & Securities Company, New Orleans.

“Upon…