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Lowenstein v. Lohman

Decided: May 31, 1932.

MILTON LOWENSTEIN, APPELLANT,
v.
JOHN N. LOHMAN, RESPONDENT



On appeal from the Essex County Circuit Court.

For the appellant, Saul & Joseph E. Cohn.

For the respondent, Osborne, Cornish & Scheck.

Before Gummere, Chief Justice, and Justices Parker and Case.

Parker

The opinion of the court was delivered by

PARKER, J. We are unable to perceive any error in the case as laid before us.

The original defendants were John N. Lohman and Pierre Lohman. The complaint -- probably intended as in the alternative though it does not so state -- is in two counts. The substance of the first count is that defendant John was a customer of H. G. Einstein & Company, stock brokers, and through Pierre as his agent ordered Einstein & Company to purchase certain stocks for him, which they did, he refused to take it and they resold at a loss.

The second count is the same except that it is directed against Pierre and charges him as principal. Plaintiff is assignee (probably formal) of the Einstein claim.

Pierre Lohman defaulted in pleading and judgment interlocutory entered against him. There has been no ascertainment of the amount of damages, and hence no final judgment as against Pierre.

John filed his answer, and after some interlocutory matters not now material, trial was moved against him, and resulted

in a nonsuit, and in this appeal. The sole ground of appeal is:

"Because the trial court erred in directing a nonsuit in favor of the defendant John N. Lohman ...


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