Pollitz

Pollitz v. Wickersham

Good Law
150 Cal. 238·1907 Cal. LEXIS 512·88 P. 911
Supreme Court of CaliforniaJanuary 9, 1907S.F. Nos. 3990, 4356.California4,891 words

Opinion

Lead Opinion

Angellotti, J.

This action was one brought by plaintiffs, who were stockbrokers, to obtain a decree adjudging that the estate of Frederick A. Wickersham, deceased, is indebted to them in the sum of $33,514.55 with interest, for moneys advanced by them in the purchase for said Wicker-sham of five hundred shares of the stock of the Honokaa Sugar Company, a corporation, and five hundred shares of the stock of the Paauhau Sugar Plantation Company, a corporation, and directing the sale of said stock, together with three hundred and fifty other shares of the Plonokaa Company belonging to Wickersham, all of which was alleged to be held in pledge as security by plaintiff, and the application of the proceeds to the debt, and adjudging the payment in due course of administration of any deficiency that may remain after such sale. The original answer contained denials of the allegations of the complaint as to the transaction between plaintiffs and defendant’s intestate, but contained no affirmative defense. It, however, included 'allegations “by way of cross-complaint, and asking for affirmative relief,” to the effect that the transaction between the parties was one for the purchase and sale of shares of…

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