Levin v. Reliance Co-operative Bank

This is an action of tort which comes before us upon the plaintiff’s appeal from an order of the judge of the Superior Court sustaining the defendant’s demurrer to the plaintiff’s declaration. See Norman v. Barnes, 298 Mass. 434, 438; McCarthy v. Hawes, 299 Mass. 340, 341; Jacobs v. Mann, 300 Mass. 258. The demurrer stated two *102grounds, the first, that the plaintiff’s “declaration, and the matters contained therein and in the plaintiff’s writ in said case, in the manner and form as the same are stated and set forth, are not sufficient in law for the plaintiff to have his action in tort, as…