Thompson v. Dean Witter

California Court of Appeal

Thompson v. Dean Witter

201 Cal. App. 2d 877, 19 Cal. Rptr. 846, 1962 Cal. App. LEXIS 2671

CourtCalifornia Court of Appeal

DecidedMarch 16, 1962

DocketCiv. 65

StatusPublished

This text of 201 Cal. App. 2d 877 (Thompson v. Dean Witter) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Thompson v. Dean Witter, 201 Cal. App. 2d 877, 19 Cal. Rptr. 846, 1962 Cal. App. LEXIS 2671 (Cal. Ct. App. 1962).

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Opinion

STONE, J.

This is a companion case to Pearl Mae Blackburn v. Dean Witter et al., ante, p. 518 [19 Cal.Rptr. 842]. Although the cases were tried separately, they have been presented jointly on appeal since the contentions in each case are the same.

The only factual differences are that respondent here was widowed in 1946, whereas the husband in the Blackburn case died in 1954, so that respondent here had eight more years of experience in stock transactions that had Mrs. Blackburn. A Mr. Harmon, manager of Walston and Company, acted as respondent's advisor from 1946 until 1952, when he was transferred. Before leaving Modesto, he introduced respondent to Mr. Long, a representative of Walston and Company, and assured respondent that she could rely upon Long as a securities consultant. Mr. Long thereafter acted as respondent’s advisor in the buying and selling of securities.

Otherwise than as above stated, the facts of this action are similar to those of the Blackburn ease, and the questions of law are identical.

Upon the authority of and for the reasons stated in Blackburn v. Dean Witter, supra, the judgment from which this appeal was taken is affirmed.

Conley, P. J., and Brown, J., concurred.

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STONE, J.

This is a companion case to Pearl Mae Blackburn v. Dean Witter et al., ante, p. 518 [19 Cal.Rptr. 842]. Although the cases were tried separately, they have been presented jointly on appeal since the contentions in each case are the same.

The only factual differences are that respondent here was widowed in 1946, whereas the husband in the Blackburn case died in 1954, so that respondent here had eight more years of experience in stock transactions that had Mrs. Blackburn. A Mr. Harmon, manager of Walston and Company, acted as respondent's advisor from 1946 until 1952, when he was transferred. Before leaving Modesto, he introduced respondent to Mr. Long, a representative of Walston and Company, and assured respondent that she could rely upon Long as a securities consultant. Mr. Long thereafter acted as respondent’s advisor in the buying and selling of securities.

Otherwise than as above stated, the facts of this action are similar to those of the Blackburn ease, and the questions of law are identical.

Upon the authority of and for the reasons stated in Blackburn v. Dean Witter, supra, the judgment from which this appeal was taken is affirmed.

Conley, P. J., and Brown, J., concurred.

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201 Cal. App. 2d 877, 19 Cal. Rptr. 846, 1962 Cal. App. LEXIS 2671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-dean-witter-calctapp-1962.

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