Hershey Estates v. Rettew

Gable, J.,

-Plaintiff brought this suit to recover the sum of $650, the amount of a check issued, and delivered to it and signed “Stationary Laundry Machine Co. Harvey Moore, Treas.” Plaintiff joined the defendants in the action in an averment in the statement of claim that “the above named defendants were at all times . . . trading under the name of Stationary Laundry Machine Company” and “that the defendants . . . for value received, made their check in the sum of $650 . . .”

The affidavit of defense expressly denies that the defendants were trading as Stationary Laundry Machine Company and…