Cooper v. Nelson

This is a motion to vacate and set aside the verdict of a jury, and for a new trial, and to permit the plaintiff to amend his complaint to conform to the proof, and to serve an amended complaint setting forth the action as proven at the trial pursuant to sections 109 and 549 of the Civil Practice Act, and section 93 of the Municipal Court Code.

The case on the plaintiff’s election went to the jury upon the theory that there had been a conversion by the defendant of two shares of stock of the National City Bank of the value of $138 each. It appeared from the testimony taken that the money, to…