Community National Corp. v. Kahle

Plaintiff as custodian of fifty shares of its own stock sued defendant for its purchase price, $1,950. It claimed to hold as a stockbroker; defendant that it held as a vendor and had failed to make delivery of it according to contract. The jury found no cause of action.

Plaintiff alleged in its complaint that it purchased in the open market for plaintiff’s account the stock of which that in question was a substitute through a consolidation. Defendant admitted this *335in his answer but as the trial proceeded the matter was a subject of proof. When the evidence was closed plaintiff moved for a…