Ebner

The complainant, in her bill of complaint, alleged, among other things, that she was the owner of 22,333 shares of the capital stock of the Windham Bay Gold Mining Company, a corporation; that she delivered the said shares of stock to William M. Ebner, one of the defendants herein, with the request that he should sell the same in the Eastern markets; that Ebner sold the stock for about the sum of $13,000; that of said sum there was paid into the treasury of the corporation the sum of $10,000, without consideration; that certain false representations were made to her by Ebner, whereby she was induced to accept from him the sum of $1,000 for said stock. The prayer is for judgment for the full amount realized by Ebner for the sale of the stock, less the sum of $1,000. In the answer of Ebner it is alleged that one A. S. Lovett was the authorized agent of the plaintiff to sell said- stock; that Lovett sold" the stock to him for $l->000. The' answer of the- corporation denies the allegations .of .the complaint. *877 The case was tried upon these issues. The court, although the suit was considered to be in equity, in the nature of an accounting, at the request of plaintiff called a jury,…