Berger

This is an appeal hy the plaintiff the Capitol Woolen Company, a corporation, of New York, from a judgment in the above-entitled action in which the plaintiff was granted a judgment in its favor against the defendant J. Berger, doing business under the firm name and style of Model Cloak Manufacturing Company, for $346.78, together with costs, and a judgment against them in favor of defendant and cross-complainant A. D. Hughes for the sum of $350. The facts as alleged were that the said Berger, doing business as stated, was indebted to the plaintiff appellant herein, in the sum of $696.78 and that one Bernard Aftergut was the representative of the appellant, taking orders for them, and upon instructions, collecting money and arranging credits. The plaintiff states that the said Aftergut did not have authority except when special authority was given for making collections and that his orders were all subject to their approval. When the said Aftergut called upon the defendant J. Berger for payment and for a further order, he stated in the presence of defendant Hughes, respondent herein, that unless arrangements were made to pay the whole account of $696.78 there would be no credit…