Bound Brook Crushed Stone Co. v. Wilson & English Construction Co.

This is an action on a book account of goods sold and delivered. No question arises as to the delivery, or quantity or quality of the goods (crushed stone) nor as to the amount. The defense, as developed on the affidavits, is that the stone was not purchased from the plaintiff but from another and independent corporation called F. R. Upton, Incorporated, to whom, if to anyone, defendant is liable, and against whom defendant asserts a counter-claim substantially equal to the claim sued on. As authorized by the existing practice, defendant brought in F. R. Upton by an independent summons in…