Quinn v. Forsyth

Quillian, Judge.

Since the major issues of this case are centrally focused on Count 2, we consider it first. The count contains allegations that the stock certificates were listed in the plaintiff’s name “and/or” his wife’s. The appellee therefore argues that the legal effect of the instrument was that either the plaintiff or his wife, by his or her single endorsement, could transfer the stock. Thus, he reasons, a valid sale of the stock occurred on July 10, 1960, and subsequent events would be of no consequence.

Assuming arguendo that “and/or” would authorize either the plaintiff or his wife…