Hooper-Mankin Co. v. Matthew Addy Co.

KNAPPEN, Circuit Judge.

Plaintiff in error brought this action at law against defendant in error on an account for coal sold and delivered by plaintiff to the Matthew Addy Steamship & Commerce Corporation (hereinafter called the Steamship Company) under written contract therefor, in form between plaintiff and the Steamship Company, and charged on plaintiff’s hooks against that ■company, upon the theory that the Steamship Company was merely an agent or instrumentality of the Matthew Addy Company. The petition contained no charge of misrepresentation or of concealment or misappropriation of…