Milliken v. Warwick

This is an action of contract in which the plaintiffs, commission brokers, seek to recover for money paid on the defendant’s account for securities which, they allege, they purchased for him upon his orders. The first count of the declaration is upon an account stated, and the second is upon an account annexed. The trial judge ordered a verdict for the defendant on the first count and the jury found for him on the second.

The defendant was allowed to amend his answer. The plaintiffs’ demurrer to the amended answer (see G. L. [Ter. Ed.] c. 231, §§ 15, 17; Montague v. Boston & Fairhaven Iron…