Gottlieb v. Charles Scribner's Sons

KNIGHT, Justice.

Suit by plaintiff, Charles Scribner’s Sons, corporation, against -the defendant, trading and doing business under the name and style of Studio Book Shop.

The plaintiff stated his case in three counts: Account; account stated; and for merchandise, goods, and chattels sold by plaintiff to defendant.

The case was tried by the court without a jury, resulting in judgment for plaintiff for the sum of $169.50. From this judgment the present appeal is prosecuted by the defendant.

The pleadings on the part of the defendant were, in short, by consent. The principal defenses insisted upon…