Zuckerman

This is an appeal from a judgment in favor of the defendant Zuckerman.

The plaintiff seeks to hold said defendant on his written guarantee that Joe Goldberg, doing business under the name of “Home Builders Supply Co.”, would pay for goods supplied him. The defense interposed was that the balance of $2,567.22, admittedly due the plaintiff, was for goods furnished to “Home Builders Supply Co.”, a corporation, whose account it was claimed the defendant Zuckerman had not guaranteed.

The essential facts are not disputed. For many years Joe Goldberg was engaged in business under the name of “Home Builders Supply Co.” On December 5, 1924, and while Goldberg was so engaged, Zuckerman executed the guarantee relied upon. From that time forward the plaintiff furnished merchandise to “Home Builders Supply Co.” on an open book account. On May 3, 1926, Goldberg duly filed articles of incorporation of “Home Builders Supply Company”. All of the capital stock of the corporation excepting shares to qualify directors was, pursuant to a permit issued by the commissioner of corporations, issued to Goldberg, and he has continued to hold all of said capital stock. The merchandise on account of which…