Meyer

Plaintiff had judgment for the sum of $400. From this judgment the defendant appeals. It appears from the transcript that the defendant during the time covered by the proceeding referred to herein was a stockholder and president of the Ellamoore Candy Company, a corporation, organized and existing under the laws of the state of Nevada, and having its principal place of business at the city of Reno, therein; that prior to the ninth day of April, 1921, the defendant had solicited the plaintiff a number of times to invest the sum of $5,000 in the capital stock of the said Ellamore Candy Company; that the plaintiff was loath to invest in the capital stock of that company and finally stated to the defendant that he would do so, if he had some security. That the defendant at that time was promoting said company, and selling the stock thereof; that, after the making of such statement by the pla.i-ntiff to the defendant, the defendant executed and delivered to the plaintiff an instrument in writing, in the following words and figures, to wit:

That thereupon the plaintiff invested the sum of $5,000 in the capital stock of said candy company, and received therefor two certificates, each…