Von Hamm-Young Co. v. Welsh

OPINION OF THE COURT BY

DE BOLT, J.

This is an appeal by the plaintiff on points of law from a judgment of the district magistrate of Honolulu in an action *599of assumpsit brought by the plaintiff to recover' the sum of $44.84 for goods, wares and merchandise alleged to have been “sold and delivered to defendant at defendant’s special instance ,and request.”

N. 0. Peters and F. Schnach for plaintiff.

The defendant pleaded in abatement of the action that summons was served on her as “Mrs. W. Welsh;” “that her true name is Katherine Keffer Welsh and she is the lawfully wedded wife of William Lawrence…