Stuart v. Sargent

The plaintiffs having waived their claim, made in their bill, to fifty shares of stock of the American Telephone and Telegraph Company, the only question argued is whether the defendant can maintain his counterclaim, included in his answer under Rule 32 of the Superior Court (1932), for the amount of dividends received by the plaintiffs on that stock while it stood on the books of the corporation in the names of the plaintiffs.

The plaintiffs had a margin account with the banking and brokerage firm of Curtis and Sanger, and as security therefor the firm held two certificates of said stock, of…