Massachusetts Supreme Judicial Court June 3, 1921 (Weisberg v. Hunt)

Jenney, J.

This is an action of contract in which the plaintiff seeks to recover money paid by him to the defendants as margins for the purchase and sale of stocks. The declaration is in two counts, one under R. L. c. 99, §§ 4-7 (now G. L. c. 137, §§ 4-7); and the other on an account annexed for the amounts so paid. The case was tried in the Superior Court without a jury.