United States Gypsum Co. v. Carney

These are two actions of tort for alleged misrepresentation, arising out of the acceptance of an order of the Lowell Institution for Savings by the defendant Carney, without authority, and the assigning of the order by the defendant Stern to the plaintiff,

*582In each action the declaration mutatis mutandis set out in substance the same facts. The defendant in each action demurred to the declaration, assigning as cause in the action against David Stern, that “The declaration does not state a legal cause of action as the plaintiff seeks to recover from the defendant because it alleges that he…