Gierster

Plaintiff sued under three causes of action—for money had and received, upon a written guaranty and for damages for false representations. A nonsuit was granted as to all causes and the plaintiff has appealed upon typewritten transcripts. The respondent has not defended the judgment by brief or oral argument.

The evidence discloses that the defendant, who was an experienced dealer in the purchase of stocks and securities, persuaded the plaintiff, who was a young German nursemaid wholly unfamiliar with such transactions and unlearned in the language and customs of this country, to transfer her savings from the Bank of Italy to the offices of a stockbroker in San Francisco upon the representation that the brokerage office was in effect a banking institution and that her money would be there deposited with equal safety but with much greater profit. The defendant then persuaded the brokerage office to purchase certain stocks on margin for plaintiff’s account, and when calls for further payment were made, the defendant executed and delivered to plaintiff the written guaranty in suit wherein he undertook to repay to her the full sum advanced if she would leave the stock in the hands of…