Meyers
Meyers v. Lasker
Opinion
Lead Opinion
Thompson, J.
This is a suit for conversion of corporation stock. A demurrer to the second amended complaint was sustained without leave to amend. A judgment was thereupon entered from which the plaintiff has appealed.
The second amended complaint alleges that the Lasker Finance Corporation took over the business and assets of the A. I. Lasker Company, a corporation, in October, 1925; that the plaintiff was the owner and holder of 316 shares of the capital stock of the A. I. Lasker Company, of the reasonable market value of $37,500; that, on November 1, 1925, for a valuable consideration the plaintiff executed and delivered to the defendant Rust & Co., her promissory note for the sum of $19,640, payable one year from the date thereof with interest at the rate of seven per cent per annum, payable at maturity; “that on or about the date aforesaid, the plaintiff delivered to the defendants Rust & Co., Nat Cordish, . . . and the Mutual Motors Incorporated of Delaware, . . . with her endorsement, stock certificates for the aforesaid described stock, as collateral security and as a pledge for the payment of plaintiff’s promissory note, ... on the agreement . . . [with said defendants] that the said…