McNabb v. Whissel

The action was commenced on the i6th day of June, 1899, to recover the purchase price of a car load of lumber sold to the defendant by Francis J. Underbill, the plaintiff’s assignor. The defense interposed by the answer was that:

“One Francis J. Underhill, doing business under the name and style of F. J. Underbill & Co., as in the complaint mentioned, falsely and fraudulently, for the purpose of obtaining credit, stated and represented to the Eastern Lumber Company, a foreign corporation organized under the laws of the state of Illinois, and doing business at Tonawanda, N. Y., that he was in…