City of New York Municipal Court July 15, 1897 (Watkins v. Peters)

Van Wyck, Ch. J.

The facts were not very fully brought out by either party at trial, yet there is sufficient proof to justify the verdict for defendant. It appears that prior to the giving of the original notes by defendant, he was the owner of 160 shares of a certain stock; the plaintiff was then under contract to sell and deliver 100 shares of like stock for $1,000, but for some reason could