Stafford
Stafford v. Hill
Opinion
lead Opinion
Conrey, J.
In this action the complaint states three causes of action separately on three several hills of exchange, and a fourth cause of action on an account for merchandise sold by the plaintiff to the defendants. By reason of bankruptcy proceedings pending against the defendant Edwin F. Hill, prosecution of the action against him was stayed, and the case proceeded to trial to determine the liability of defendant Prances B. Hill. Judgment having been entered in her favor, the plaintiff appeals therefrom.
The defendants are husband and wife. The complaint alleged that at all times mentioned therein, the defendants were associated together and engaged in the dairy business, conducting said business under the fictitious name of “Arden Dairy, Certified.” Upon sufficient evidence the court found that Mrs. Hill was not interested or associated in the said dairy business; that her only relation thereto was that which a wife ordinarily has in the business affairs of her husband; and that the merchandise sold and delivered, as set forth in the findings, was sold and delivered to the defendant Edwin P. Hill only. The goods sold and delivered which are represented in the open account set forth in…