Lowenstein v. Bache
Superior Court of Pennsylvania
Appeal, No. 126, Oct. T., 1909, by plaintiff, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1907, No. 291, sustaining demurrer to statement of claim in suit of E. Lowenstein v. J. S. Bache et al., Copartners, trading as J. S. Bache & Company. Assumpsit to recover back money paid under duress. Demurrer to statement of claim. Before McMichael, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 126, Oct. T., 1909, by plaintiff, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1907, No. 291, sustaining demurrer to statement of claim in suit of E. Lowenstein v. J. S. Bache et al., Copartners, trading as J. S. Bache & Company. Assumpsit to recover back money paid under duress. Demurrer to statement of claim. Before McMichael, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was the judgment of the court sustaining •demurrer to statement of claim.
1Opinion of the Court
Opinion by
Porter, J.,
The court below entered judgment in favor of the defend-i ants upon a demurrer to the statement filed by the plaintiff in this action of assumpsit. The plaintiff’s statement averred that in the year 1902 he entered into an agreement with the defendants to act as his bankers, brokers and agents in the buying and selling of stocks on his behalf and in the advancing of sums of money on his behalf, in the making of such purchases, and to hold as collateral security for such loans and advances the stock of plaintiff so purchased; that at the time plaintiff so engaged the…
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