Moss v. Goldstein

This is an action of contract for goods sold and delivered, the plaintiff being assignee of the account from Peter Benoit, the vendor. On separate dates, beginning August 22, 1924, and ending September 4, 1924, seven lots of shoes were sold to the defendant at an agreed price for each lot, the whole, amounting to $3,662, with credits of $1,200 on August 22 and of $2,079.20 on September 4, leaving a balance of $382.80. The answer, in addition to a general denial and defence of payment, alleges delivery by the defendant and acceptance by the plaintiff’s assignor of a check in the sum of…