Hutson ex rel. Templar v. Imperial Royalties Co.

The opinion of the court was delivered by

Hutchison, J.:

This is an action in two counts by the guardian of an incompetent person against the Imperial Royalties Company, its three trustees and two individuals, to recover the value of preferred and common stock in the Imperial Royalties Company procured from the incompetent owner thereof by entering into a conspiracy to defraud him out of it by false and fraudulent representation without paying him anything therefor.

The first count relates to the procuring from the plaintiff’s ward in December, 1928, two certificates of such stock for 3,750…