Golden

The object of this suit is to obtain a decree for the cancellation and surrendering to the plaintiff of a certain promissory note, executed and delivered to the appellant by the plaintiff’s assignor, and for the retransfer of eighty thousand shares of stock in the Aerial Telephone and Power Company, a corporation, which were pledged by the plaintiff’s assignor to the appellant to secure the payment of said note.

The action was tried by the court sitting without a jury, and the plaintiff was given judgment from which this appeal, supported by a bill of exceptions, is presented by the defendant, Fischer.

The complaint states that the plaintiff’s assignor, Frank J. Golden, on or about the twenty-third day of June, 1911, borrowed from the defendant, Oscar Fischer, the sum of one thousand dollars, gave the latter his promissory note as evidence thereof, payable on the twenty-third day of September, 1911, and, as security for its payment, pledged, assigned, and delivered to said Fischer eighty thousand shares of the capital stock of the Aerial Telephone and Power Company; that, on the first day of April, 1912, the said Aerial Company, by due legal proceedings had in the superior court…