128 A. 335 | N.H. | 1925
The exception to the order that the cases be tried together lacks merit. The discretionary authority of the trial court to make such an order is not now an open question (Genest v. Company,
The exception in the Koustas case to the refusal to direct a verdict for the defendant on the ground that this plaintiff disposed of his stock, and later, for the purpose of enabling himself to bring the suit, reacquired it, must be overruled. If such a situation would be a defence, as to which no opinion is expressed, it is not available here, in view of the evidence that he did nothing of the kind. On the issue thus made no exception was taken to the instructions to the jury, and they are not involved. Dow v. Latham,
The exception to the refusal to direct a verdict for the defendant in each case on the grounds common to all of them, that Karamanou v. Company,
Whether, if no offer of return is at any time made, the plaintiff may recover what he paid less any value the securities may happen to have, is a question not presented and not considered.
The special exception in the Kenalos case has received, no attention, as failure to refer to it in the brief waived it. Fernald v. Fernald,
Exceptions overruled.
All concurred.