Lally v. Williston

The first count of the plaintiff’s declaration alleged that he paid the defendants the sum of $10,500 as margin for the purchase and sale of stocks, intending at the time that there should be no actual purchase and sale thereof. The second count was on an account annexed.

The auditor found that the plaintiff opened an account with the defendants on September 13, 1922, depositing five shares of stock of Swift and Company and twenty-five shares of Western Maryland, at the same time directing the defendants to purchase for him one hundred shares of United Shoe Machinery stock. On the following…