Mischer v. Burke

PEDEN, Justice.

Suit brought by Walter Mischer, trustee, as payee, against Truett Peachey, the maker of a promissory note and against Westview Utilities, Inc., and its former directors on a purported assignment by Peachey of twenty-five shares of Westview stock. The defendants answered that the shares of stock gave notice of a stock purchase option set forth in section 19 of Westview’s by-laws and that there had been no compliance with its provisions, so Mischer had acquired no title to the shares.

After a jury trial, Mischer has perfected this appeal from that part of a judgment declaring the…