SMYTHE v. PRESCOTT, MERRILL, TURBEN & CO.

No. 132220.

21 Ohio Misc. 154 (1969)

SMYTHE ET AL. v. PRESCOTT, MERRILL, TURBEN & CO.

Common Pleas Court of Montgomery County.

Decided June 25, 1969.


Attorney(s) appearing for the Case

Messrs. Boesch & Boesch, for plaintiffs.

Messrs. Smith & Schnacke, for defendant.


MARTIN, J.

This cause comes before the court on the motion of defendant for judgment notwithstanding the jury verdict finding in favor of plaintiffs on the facts, and on the merits.

A jury was heretofore impaneled for the limited and specific purpose of determining from the facts in evidence whether plaintiffs' account or defendant's account of the transaction is established by a preponderance of the evidence.

Plaintiffs claim they purchased 300 shares...

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