Wilson

The complaint alleges that plaintiff’s assignor, F. B. Wilson, was, on and prior to October 1, 1907, the owner of one thousand shares of the capital stock of the Star Lumber Company, a corporation,- that prior to said date said F. B. Wilson had indorsed said shares in blank and as so indorsed had delivered the same to defendant by way of pledge thereof as security for the payment of the indebtedness of said F. B. Wilson to defendant who continued to hold said pledge until said date, “on which day, and while said defendant still had in his possession said certificate, in the manner and for the purposes aforesaid, said P. B. Wilson sold to said defendant, and said defendant purchased from said P. B. Wilson, said shares of said stock and said defendant agreed to pay therefor to said P. B. Wilson the sum of four thousand fou-f hundred and twenty-one and 90/100 dollars ($4,421.90) the following day.” Assignment of the cause of action to plaintiff is alleged; and nonpayment both before and after assignment. Defendant interposed a general and special demurrer which was overruled and he answered, denying that he purchased said shares or agreed to pay said or any sum therefor and pleaded…