#### John M. Carlson, Appellant, v. Walter J. Hassis et al., Appellees.

Gen. No. 18,414.

(Not to be reported in full.)

Abstract of the Decision.

1. Corporations, § 147 * —when sale of shares of stock will not be set aside. On bill to set aside the sale of certain shares of stock for misrepresentations made by the buyer as to the amount of profits earned by the corporation, a decree dismissing the bill for want of equity sustained, the evidence being conflicting with reference to whether the representations were made and it appearing that the defendants sustained no fiduciary relation to the complainant.

2. Witnesses, § 257 * —when evidence of proceedings in bankruptcy not admissible to discredit testimony of witness. For the purpose of discrediting the testimony of a witness, a petition for such witness’ discharge in bankruptcy, the report of the referee re*444fusing such discharge and a transcript of his testimony on the hearing of objections to such discharge, held inadmissible where the proceedings in bankruptcy were had long prior to the transaction in controversy and had no relation to any proper subject of inquiry in the case.

*443Appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1912.

Affirmed.

Opinion filed December 31, 1913.

Statement of the Case.

Bill filed by John M. Carlson against Walter J. Hassis and Julius E. Levine to set aside the sale of certain shares of stock' alleged to have been sold by complainant to defendants upon the latter’s false representations as to the profits of the corporation. From a decree dismissing the. bill for want of equity, complainant appeals.

Castle, Williams, Long & Castle, for appellant.

Mayer, Meyer, Austrian & Platt, for appellee, Walter J. Hassis.

*

See Illinois Notes Digest, Vols. XI to XV, same topic and section number.

Mr. Justice Baume

delivered the opinion of the court.