Lake Grocery Co. v. Chiostri
North Dakota Supreme Court
Action for goods sold and delivered. Proof shows deliveries at business places to those in charge. Defendant denies ownership of or interest in said business places formerly managed by her husband, now deceased. The issue was whether defendant was or was not financially interested.
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Action for goods sold and delivered. Proof shows deliveries at business places to those in charge. Defendant denies ownership of or interest in said business places formerly managed by her husband, now deceased. The issue was whether defendant was or was not financially interested. Defendant’s name was and and had been used for years on checks in paying firm debts; the firm account was kept in her name, as was the bakery bank account; she knew of this, and knew that her husband had used the firm name in buying goods; she had at times made objection; her husband had been some years ago in…
1Opinion of the CourtGoss, J.
The complaint contains two causes of action for goods sold and delivered on account by plaintiff to defendant. The first was for goods sold to her between November 15, 1913, and February 16, 1914, of the agreed value of $508.83, and delivered at a place known as Otto’s restaurant in Devil’s Lake. The second cause of action was for goods sold to her of the agreed value of $172.71, delivered at a place known as Otto’s bakery, between February 26th and March 26th, 1914. The answer is a general denial. Defendant, Loretta Chiostri, was the wife of Otto Chiostri. He died March 31, 1914. For seven…
2Cases cited9 opinions
- South & North Alabama Railroad v. HenleinSupreme Court of Alabama · 1875
- Francis v. W. J. & J. G. Edwards & Co.Supreme Court of North Carolina · 1877
- Lindquist v. DicksonSupreme Court of Minnesota · 1906
- Peck v. RitcheySupreme Court of Missouri · 1877
- McClung's Ex'rs v. SpotswoodSupreme Court of Alabama · 1851
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3Cited by11 opinions
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- Mowry v. Gold Stabeck Co.North Dakota Supreme Court · 1922
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