Stewart v. Harris

The opinion of .the court was delivered by

Atkinson, J. :

On January 5, 1901, A. B. Harris-sold to John T. Stewart, for $2000, twelve shares of the capital stock of the Wellington National Bank.. Harris subsequently brought this action against Stewart to recover the difference between the amount he received for the stock and its'actual value at the time he sold it to Stewart. Judgment was rendered for plaintiff on the verdict and findings of a jury, and defendant prosecutes error.

Defendant, at the time he purchased the stock off plaintiff, was president of the bank and the holder of a majority…