Clark v. Boston-Continental Nat. Bank

BINGHAM, Circuit Judge.

This is an appeal from a judgment of the District Court for Massachusetts of April 8, 1936, in favor of the defendants. The questions presented arise on a demurrer to the declaration.

The allegations of the declaration are the same as those set out in the case of J. Dudley Clark et al. v. Boston-Continental National Bank et al. (C.C.A.) 84 F.(2d) 605, this day decided, with the exception that the fraudulent representations with reference to the financial condition of the bank and its capital stock were made with the intent to induce the plaintiff to buy stock instead of…