Damerel

This appeal is taken from a single judgment entered in three consolidated actions, which judgment is against the plaintiff and in favor of defendant in each case. The plaintiff Laura Belle Damerel instituted two actions, one for money had and received and the other in claim and delivery, whereby she sought recovery of a nonnegotiable note in exchange by her for capital stock of defendant corporation. The action of Olivia McClain was for money had and received.

Practically the same issues are presented in the three cases. We will take first the case of Olivia McClain. O'n or about July 12, 1929, Mrs. McClain purchased through one Joe Zastrow fifty shares of the preferred capital stock of North American Bond & Mortgage Company, a corporation. Throughout this opinion hereinafter the said company will be referred to as North American Company. On October 25, 1929, she purchased one hundred and seventy shares additional. In each instance she paid $100 per share and the transaction was a cash deal. It was found by the trial court that the purchase of the stock in each instance was induced by and through the fraud and deceit of Joe Zastrow, who falsely and fraudulently represented the…