Wentz

This is an appeal from an order sustaining a demurrer to a second amended complaint.

The action was one brought to recover possession of certain shares of stock in a corporation.

The complaint alleges in substance that on or about the tenth day of October, 1923, plaintiff was the owner of five shares of the common capital stock of the Firestone Rubber Company, a corporation, such stock being of the par value of one hundred dollars per share included in a certain certificate representing ten shares of said common stock; that defendant herein was the owner of the other five shares represented by such certificate.

It is then alleged that on the date last mentioned plaintiff was in the possession of such certificate and at the request of said defendant he deposited it with him for the purpose of having it sold and turned into cash. Further allegations are to the effect that on or about the seventh day of January, and at various other times, plaintiff demanded his five shares of stock from defendant, or the value thereof, but that defendant refused and still refuses to return to plaintiff the stock or its equivalent.

The value is then alleged to be of the sum of five hundred…