Worn

This appeal comes from a judgment in favor of defendants and an order denying a new trial entered and made in an action to recover the value of certain shares of the capital stocks of certain mining companies alleged to have been wrongfully converted by defendant Fry’s testator and defendant Neal while doing a partnership business as stock-brokers under the firm name of Fry, Neal & Co.

It appears from the record that on October 1, 1878, plaintiff’s testator, Bullock, who, for some time prior thereto, had been engaged in the business of buying and selling shares of mining stocks, began to deal with Fry, Neal & Co., stock-brokers in San Francisco. This firm, acting as his brokers, bought and sold a number of shares of mining stocks for Bullock between the above date and November 2,1877. On the last-mentioned date Mrs. Wheeler, Bullock’s mother, was, upon her own application, appointed the guardian of his person and estate, on account of his mental incapacity, Bullock having, on October 22, 1877, the date of her application, been adjudged insane, and'committed to the asylum at Napa. November 9, 1877, upon an order of sale made in the guardianship proceedings, some of the shares of…