Britton v. Scognamillo

Dowling, J.:

This is an action by a stockbroker against the executrix of a deceased customer, to recover upon an account alleged to have been stated on May 1, 1913, the transaction involving the usual purchase of stocks by a customer on margin. *208The account claimed to be an account stated consists of the following statement sent by the broker to his customer:

The letters “ E. & O. E.” appearing in ’this account have their usual meaning of “ errors and omissions excepted.”

No demand foi any settlement or payment accompanied thin statement to which decedent replied in writing under date oi: May 19,…