Puritan Fashions Corp. v. Naftel

Clark, Judge.

"Beware of counterclaims!” That caveat is emphasized in Continuing Legal Education courses for trial lawyers. The warning is based on experience.1 The instant case confirms the wisdom of such admonition as this appeal is by an unhappy plaintiff who has been called upon to pay a judgment rendered in favor of a defendant on his counterclaim.

Puritan Fashions Corporation sued Naftel, its former employee, for $6,275.54 representing "sample merchandise received, not returned and not paid for.”

In his answer defendant pleaded a general denial to the allegations of the complaint and…