Taylor v. Bell & Bogart Soap Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Bell & Bogart Soap Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 9th day of December, 1896, upon the decision of the court rendered after a trial at the Kings Special Term sustaining the plaintiffs demurrer to the second defense contained in the answer of the defendant.
1Opinion of the Court
Goodrich, P. J.:
The complaint alleges that one Hugh Hill, doing business under the firm name of Edward Hill’s Son & Co., made a contract with the defendant to , sell certain merchandise; that the defendant failed to take some of the merchandise, and that Hill suffered damage, to recover which this action is brought. Hill assigned the cause of action to the plaintiff.
The defense to which the demurrer was interposed sets up that the name of Edward Hill’s Son & Co. was fictitious, and that Hill was transacting business in violation of chapter 262 of the Laws of 1886. • The answer did not allege…
2Cases cited1 opinion
- Gay v. . SeiboldNew York Court of Appeals · 1884
3Cited by8 opinions
- Doyle v. ShuttleworthNew York Supreme Court · 1903
- Black v. New York Life InsuranceAppellate Terms of the Supreme Court of New York · 1911
- Loeb v. Firemen's InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- McArdle v. Thames Iron WorksAppellate Division of the Supreme Court of the State of New York · 1904
- Vandegrift v. BertronAppellate Division of the Supreme Court of the State of New York · 1903
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