Sword v. Young

TURKEY, Oh. J.

On May 18, 1889, J. E. Gil-lenwaters, over the assumed and fictitious name of “ Ohaides G-. Magrauder,” wrote to Sword & Son, of Cleveland, Ohio, to send to them (representing Magrauder as a firm name) a hrick machine. The machine was shipped, and came to Knoxville on the cars of defendant, East Tennessee, Virginia, and Georgia Railroad. Shortly after its arrival Gillenwaters presented the hill of lading made in the name of “ Charles G. Magrauder,” demanded the machine, which was delivered to him, paid the freight, and receipted in the name of Charles G. Magrauder. ETo questions…