New York Fastener Co. v. Wilatus
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward Wilatus, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the plaintiff, entered on the 29th day of April, 1901, upon the decision of the court.
1Opinion of the Court
Willard Bartlett, J. :
In this action the plaintiff corporation sought to recover of the defendant a balance alleged to be due for goods sold and delivered to him individually, but trading under the firm name of Wilatus & Sander. The answer set up several defenses, one of which was that Wilatus & Sander had been copartners, and that the goods mentioned in the complaint were sold to the firm and not to the defendant Wilatus individually.
At the opening of the trial the counsel for the plaintiff asked leave to amend the complaint so as to allege that the defendant was “ the sole surviving member…
2Cases cited2 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Merrill v. . GreenNew York Court of Appeals · 1873
3Cited by3 opinions
- Lansing Liquidation Corp. v. HeinzeAppellate Division of the Supreme Court of the State of New York · 1918
- Sparks v. FogartyAppellate Division of the Supreme Court of the State of New York · 1904
- Wildrick v. HeyshemAppellate Division of the Supreme Court of the State of New York · 1904