Weinstein v. E. F. Hutton & Co.

Opinion

ASHBY, J.

Plaintiffs and appellants Sanford M. Weinstein and others sued defendants and respondents E. F. Hutton & Co., Inc., and others to recover investment losses, asserting various theories of fraud, misrepresentation, negligence and breach of fiduciary duty. After a three-day nonjury trial, the court entered judgment in favor of respondents. Appellants appealed that judgment, but then discovered that the reporter’s transcript on appeal could not be completed because the reporter’s notes of the first day of trial were lost.

Appellants moved the trial court to grant a new trial under…