Foster v. Persch
New York Court of Common Pleas
Appeal by defendant from a judgment of this court for $1,101 99, entered on the report of George M. Van Hoesen, Esq., appointed referee to hear and determine the issue.
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Appeal by defendant from a judgment of this court for $1,101 99, entered on the report of George M. Van Hoesen, Esq., appointed referee to hear and determine the issue. The action was brought to recover from the defendant, for goods sold and delivered to her, of the value of $618 52. The answer was a general denial, and the proofs offered by the defendant on the trial went to show that the goods had been sold and delivered to the defendant’s husband, and not to her, and that the credit had been given to him. The findings of the referee on this point, and the evidence on which they were based,…
1Opinion of the CourtRobinson, J.
Upon the conflicting proofs, the referee was warranted in finding, as a matter of fact, that the baking business carried on by defendant’s husband was conducted in her name as owner, with her concurrence. The use of her name was, however, manifestly but a cover to allow him to transact business for his own benefit, under the protection of her name, so as to avoid the claims of his creditors.
The only question the case presents for serious consideration is whether the plaintiffs having, under the circumstances disclosed by the testimony, and with full knowledge of the assumed position of…
2Cases cited2 opinions
- Mundy v. Nassau County Civil Service CommissionNew York Court of Appeals · 1978
- Rowan v. ButtmanNew York Court of Common Pleas · 1865