Diamond Rubber Co., Inc. v. Feldstein

The opinion of the court was delivered by

Perskie, J.

This appeal brings up for review a judgment of the Supreme Court, which in turn affirmed a judgment of $77.15 in favor of the plaintiff-appellant, and a judgment of $2,000 in favor of the defendant-respondent. Each of the judgments aforesaid, although the judgment record appears to be limited to the latter only, was entered, as we shall presently point out, on the disposal of a rule to show cause by the learned trial judge below.

The record discloses that the appellant sued the respondent on a book account for goods sold and delivered (tires,…