On appeal from a judgment of the Supreme Court.
For the appellant, George W. C. McCarter.
For therespondent, Irving L. Rubin.
The opinion of the court was delivered by
DONGES, J. This appeal brings up a judgment of the Supreme Court in favor of plaintiff and against defendant, after the direction of a verdict for plaintiff at a trial in the Passaic Circuit.
Plaintiff-respondent sued as assignee of Henri Bendel, Inc., to recover upon a book account for goods sold on the order of Jay Gould, deceased. Appellant is executor of Gould's estate. The claim and the judgment are for the exact amount of interest charged against the account after the death of Gould, plus interest on that amount from May 1st, 1938, to the time of trial. The interest claimed in the complaint was calculated over the entire life of the account but not entered in the account or demanded until over two years after the death of the debtor.
It appears Gould had a running account with Bendel, Inc., as evidenced by Exhibit P-3. This account shows the first entry as June 14th, 1932, and the last entry prior to testator's death on January 26th, 1935, for goods sold was on the 6th of July, 1932. The account, as appears from Exhibit P-3, was listed as follows:
"Absolutely No Bills to go out on this Account. Give Bills to Mr. Haggerty.
Name Gould Mr. Jay (Do not confuse with Mrs.)
Address Hotel Elysee 54th St., City.
Remarks For Miss S. Parrish Reigler."
It appears that purchases were made and charged to Gould's account from time to time for women's clothing, the articles being purchased by someone other than Mrs. Gould. The charges were made and, from time to time, payments were made on account, and, at the time of Gould's death, there was a balance on account of merchandise sales of $3,201.04. The plaintiff's exhibits show that, on or about July 6th, 1932, when the last purchase on this account was made, the amount debited was $6,570.50. On December 6th, 1932, a credit of $1,000 cash reduced the account to $5,570.50. On May 20th, 1933, there is a credit of "By cash $2,500," which reduced the amount carried as due from Gould to $3,070.50. Gould died on January 26th, 1935, and on June 20th, 1935, the account shows as follows: "Trans. from Mrs. Jay Gould," debits in the sum of $130.54, and that the balance due was ...