Egan v. Smith

Opinion by

Mr. Justice Linn,

This was a case-stated for conversion of shares of stock. Judgment was entered for defendants. Plaintiff appeals.

John Stotz died possessed of certain shares of stock of the United Gas Improvement Company. Letters testamentary were granted to Fletcher W. Stites who delivered the stock- certificates to defendant stockbrokers with instructions to sell; he did not disclose that the shareholder was dead and that he was executor. The transfer powers on the back of the certificates contained the forged signature of Stotz, placed on them after his death. Ignorant of those…