#### Ora Rowe, administratrix of the estate of Sampson T. Rowe, deceased, plaintiff in error, v. Lewis R. Phillips et al., defendants in error.

Gen. No. 7,060.

Action for fraud and deceit and for damages for sale of certain stock alleged to be worthless. One defendant found not guilty. Judgment for plaintiff against two other defendants with damages assessed at $17,500. Error to the Circuit Court of Marshall county; the Hon. John M. Niehaus, Judge, presiding. Heard in this court at the October term, 1922.

Affirmed.

Opinion filed March 16, 1923.

F. W. Potter and Barnes, Magoon & Black, for plaintiff in error. Dailey, Miller, McCormick & Radley, for defendant in error Lewis R. Phillips.

Mr. Justice Partlow

delivered the opinion of the court.