Judith Garden, Inc. v. Mapel

The facts in this nonjury case are not in controversy. The sole legal issue is essentially simple:

Can a party dealing with an individual apparently representing a business operating under a trade name assume that it is not dealing with a corporation? Or does a trade name so alert a contracting party that it has the burden of determining whether it is actually doing business with a corporation?

Plaintiff elósed its retail store in 1970 and about one year later, Judith Garden Wyker, plaintiff’s president, having noticed the opening of a similar store called “ The Gazebo ”, telephoned it to sell…