Goldberg v. Borenstein

REGAN, Judge.

Plaintiff, Joseph J. Goldberg, filed this suit on an open account against Larry Borenstein, doing business under the trade name of “Old Quarter Stamp Shop”, endeavoring to recover the sum of $235.25 for certain stamps sold on consignment to defendant in May of 1951.

From a judgment by default in favor of plaintiff, defendant has prosecuted this appeal.

The petition reveals that plaintiff, in May, 1951, sent to defendant, in conformity with his order and request, on a consignment basis, certain stamps totalling $587.50, which is substantiated by copies of the invoices and an…