Consolidated Cigar Corp. v. Corbin

Opinion by

Mr. Chief Justice Moschzisker,

The Consolidated Cigar Corporation sued Louis Cor-bin and Charles Bodine, trading as “Corbin & Bodine,” in assumpsit, to recover $5,192. A verdict was directed in plaintiff’s favor, for $4,985.82, on which judgment was entered; defendants have appealed.

The original statement of claim avers that, on July 20, 1923, plaintiff delivered to defendants certain merchandise, valued at the sum first above mentioned, to be carried to Jersey City, New Jersey, and that defendants failed to deliver the goods. Hence the suit.

An affidavit of defense was filed raising…