Leand v. Clark, Childs & Co.

This action in assumpsit was tried by a justice of the Superior Court sitting without a jury. The decision was for the plaintiff and the case is here on the exceptions of both plaintiff and defendants. Plaintiff’s exception is to the decision “in so far as said decision awards the plaintiff a smaller amount of damages than should have been awarded.” The exceptions of defendants relied upon are to the decision in favor of the plaintiff and the failure of the trial justice to consider defendants’ plea in set off.

The defendants are co-partners engaged in the business of stock brokerage. They are…