East Coast Dry Goods Co. v. Somerset Sportswear, Inc.

The defendant appeals a final judgment for the plaintiff upon an account stated. The defendant-appellant does not bring to this Court a transcript of the testimony. He relies entirely on the proposition that his plea of “payment in full” was conclusively proved by a paid check which was admitted in evidence.

The check was for an amount less than the account stated and bore the following printed legend: “This check is in settlement of the following invoices. If not correct, return, no receipt is necessary.”

Even if we consider the answer amended to include a proper pleading of accord and…