The Washington times., 1901-10-11
LITIGATION OVER STOCK.
Alleged Unwarrnnted Hypothecn-
tion the Basis of Suit.

The hearing . the suit OF Mathilde l.
| Foster against William Audle.' White TO
! recover $50 claimed to be due her from
! the defendant was commenced yesterday
| IN Circuit Court No. l, Chief Justice
! Bingham presiding.
! In her declaration the plaintiff alleges
! that on July 10, 1929. she delivered to Mr-
! White certificate No 32Gii for thirty-tive
! shares Of Western Union Telegraph Com
pany stock on which she instructed him
to make a loan of 81 200 to be invested
! in land in Florida for the cultivation of
| pineapples Seven days later, July II, she
| declares she revoked the order for the
| investment.
| The stock. however. she states, remain
| ed in the possession of Mr. White, who.
on August Is. borrowed from Lewis john
son X Co. bankers, $50 on it. on Jan
uary last, the plaintiff declares that she
paid Lewis Johnson & Co. $S76 at the re-
quest OF the defendant to redeem her
stock. She further states tnat Mr.. White
admitted his liability to her for the
amount claimed,
In defence Mr. White denies that he
is indebted to the plaintiff for the sum
of $50 on any account, or on any contract
between them. He states that about July
10, 1899 she voluntarily delivered to m
the stock in question, with instructions
to sell it and invest $3.50 of the proceeds
in the cultivation Of pineapples in Florida.
Some time afterward because of finan-
cial embarrassment, she concluded not to
carry out this plan. He then. Mr.. White
states offered to return her her stock,
but she requested him to retain it. This,
he says was in August. 1899, so that she
did not revoke the order to purchase the
pinery on July Il. 1883. as alleged.
During the month Of August, 1879, ne
states he had a conversation with the
plaintin relative to the purchase of Smel-
ter stock. and that on August Il, l>J9, the
plaintiff instructed him to buy 100 shares,
and to pledge the Western Union Tele-
graph stock as collateral. his, he said,
he did on August 10. making the purchase
of Smelter stock through Lewis johnson
x Co. This transaction. he states, was
then and there ratified by the plaintiff.
on November l. Smelter stock had risen
to $3.50 per share. and the plaintiff being
present at the business house Of Lewis
johnson * Co. put in a stop order to sell
the Smelter stock at not less than $3.50
per share.
With a view to a transfer Of the account
from Lewis johnson & Co. to New York
Mr. White states that during the month
of october. 1899. at the instance of the
plaintiff. he ordered the sale of the Smell
ter and Western Union stock. The latter,
he claims, was sold at $S per share, but
the Smelter was not sold.
The plaintiff being dissatisfied with the
sale of the Western Union stock, he in
formed her that he could buy back the
same amount for her, which he did on the
LIST or I'd of November, 1893. through
Lewis Johnson * Co. In order TO rein
vest the plaintiff with all her rights in
the Western Union stock, he transferred
the account with Lewis Johnson * Co.
which had up to that date stood in his
i anne. to the plaintiff together with all
the securities.
The hearing in the case will be con-
tinued on Monday next.