Lewis v. Hecker

Parry, J.,

This case was tried before the court without a jury on April 2,1934. The plaintiff brought suit against the defendants, a firm of stockbrokers, to recover moneys alleged to be due him as the proceeds of the sale of securities held by them for his account. The defendants filed a counterclaim for the amount alleged still to be owing to them from the plaintiff on two margin accounts of his own and on the account of one Emanuel Wirtshafter, guaranteed by him. The defense to the counterclaim was that there had been an accord and satisfaction as to the amount due on the Wirt shaft er…