United States Fidelity & Guaranty Co. v. Newton

Bell, ,T.

1. An individual may transad business either in his true name or in a trade name, and this rule is applicable to an administrator as to contracts which he is authorized to make. Hence, a purported contract of industrial insurance, made between one person as insurance carrier and the estate of a named person as employer, may be shown, by the surrounding circumstances, to have been intended as an agreement between the insurance carrier and the administrator of such estate, affecting the administrator in-his representative capacity; and in such a case, the agreement will not bo held…