Draper Paper Mills v. Huff, Barnes & Opie, Inc.

Opinion by

Stadtfeld, J.,

Niagara, Lockport and Ontario Power Company, use-plaintiff, instituted this suit in assumpsit in the name of the Draper Paper Mills, Inc., as legal plaintiff, against Huff, Barnes & Opie, defendant, to recover the sum of $1,222.65, with interest thereon from March 20, 1929. The case was tried before McNatjgheb, J., and a jury. The jury rendered a verdict for the defendant. Appellant then filed motion for judgment n. o. v. and motion for new trial. Both motions were refused. The facts are not in dispute.

On March 1, 1929 and subsequent thereto, Draper Paper Mills, Inc.,…