Friel Bernheim Co. v. King

Corson, J.,

This case arose on the filing by plaintiff of an averment of default under a conditional sales agreement and entered judgment upon the attached judgment note in the principal amount of $3,244. Plaintiff, in assessing damages, however, allowed a credit of $2,230, by reason of the fact that defendant refused to accept the chattels named in the conditional sales agreement. This left a balance of $1,014, to which was added a 10 percent collection fee in the amount of $101.40.

Defendant, after attachment execution had been issued on the judgment so entered, filed a motion to strike off…