Danielson

Action to recover damages alleged to have been sustained by the plaintiff by reason of false and fraudulent representations made by defendant, *383 whereby she was induced to purchase from the defendant certain bank stock. A general demurrer to the complaint was sustained, without leave to amend, and judgment was thereupon entered for defendant, and plaintiff appeals therefrom.

Plaintiff purchased from defendant thirty-six shares of the capital stock of the City Bank of Los Angeles on November 3, 1892, and the complaint sufficiently alleges false and fraudulent representations made by defendant to induce her to purchase, to justify a recovery, if damages were sustained. The complaint, however, further alleges that plaintiff discovered the fraud on or about August 17, 1893, and brought an action to rescind said contract of purchase, and that a decree xvas rendered therein requiring the defendant to return the consideration paid by plaintiff for said stock, and that she, pursuant to said decree, delivered said stock to the plaintiff.

The complaint then proceeds to allege: “That at the time of the transfer of said stock the said city bank was indebted to a large number of persons…