Stern v. Dekelbaum

Opinion by

Keller, P. J.,

This was an action in assumpsit brought by the plaintiff, trading as Stern Live Fish Company, to recover for fish sold and delivered to the defendant.

The plaintiff’s statement averred, in substance, that the fish set forth in the exhibit attached thereto, — said to be a correct copy taken from the plaintiff’s books of original entry — amounting to $494.60, had been delivered to the defendant at his oral instance and request, on the dates therein set forth, and accepted by him, and that no payments had been made by him on account of them.

The defendant, in his affidavit…