Knickerbocker Biscuit Co. v. Devoe

The defendant was the owner of a store at Oyster Bay, called “ Hanophy’s Market,” which was conducted for her since the year 1901 by one James R. Hanophy as manager. The bank account of the business was kept under the designation of *2“ Hanophy’s Market, James B. Hanophy, manager.” The plaintiff, whose place of business was in New York, sold and delivered goods to the market during the years 1906, 1907 and 1908. There was a running account and finally a balance remained due, to recover which the plaintiff brought this suit.

The defendant testified that said Hanophy is her brother, and that she…