Unsuccessful Claim for Goods Sold and Delivered action brought by the American Drug Ca., Nanking Road, against Mr. A. V. White, to recover: '$8,500, the cost of goods sold and delivered to him, was heard on Tues-Jday in the Supreme Court by his Honour Judge Sir Skinner Turner.
Mr. Tycho Wing appeared for plaintiff and Mr. H. Lipson Ward for defendant.
Mfr. Wing, in opening, said the story began' with an enterprise known as the Maya Manufacturing Con, the Maya Perfume Ca., the Perfume Factory Maya, and s0 on, and dealings with this company were not altogether satisfactory from plaintiffs point of view. On May, 29, 1922, the company received a letter stating that Mr. A. V. White had bought the business and had become sole proprietor. The name Jof Mr. White inspired confidence, jand thenceforward credit was given to the Perfume Factory Maya on the basis of its being solely the property lof Mr. A. V. White. In the following September, Mr. W. S. Fleming learned that the Perfume Factory Maya had been purchased by the Maya Manufacturing Ca., Ld. Mr, Fleming was President of the plaintiff company, but it was not in that capacity that this notification was sent to him, he having written as a solicitor acting for a client. Defendant's account increased and became overdue, but when application for payment was made to Mr. White he disclaimed responsibility jon the ground that he had disposed lof his interest in the concern, which had been converted into a limited lability company. Credit was immediately stopped.
Mr. Ward, in answer to his Lordship, said that the~business was transferred to the limited liability] Jcompany in August 1922, and Mr. White would not dispute the items in plaintiff's account after that date, His Lordship—Then the only point in the case is whether or not Mr. White is personally liable.
Evidence was then given by Mr. H. Schloten, formerly manager of the American Drug Ca., bearing out Counsel's opening statement. said that it was on June 2 that a litter was received notifying plaintiffs that the Maya Perfumery had been bought over by Mr. White, who Iwas then sole proprietor. Prior to that date, it had been difficult to collect the accounts, but when it was jamed that Mr. White had become sole proprietor credit was extended, solely on that account. Mr. White. having notified them of his taking' over the business, he should also. have informed them when it was. turned over toa limited liability' company, but no such notice was. received.
In answer to Mr. Ward, witness.
Jadmitted that communications were received from "The Maya Manufacturing Ca., Ld." and there was a letter, signed by Messrs. Beck 'Swan, secretaries of the company, Jbut plaintiffs still thought it was ite' business. The name was upon all the documents, and the goods were delivered to the same address.
Mr. Ward—Do you seriously suggest that your manager, receiving. an order from the Maya Manufacturing Ca, Ld., and completing it, thought the goods were being sold and. delivered to Mr. White?—Not delivered to him.
Sold to him?—No.
Mr. W. 8. Fleming, President of; the "American Drug. Ca., gave evidence that in September 1922 he
Text read from the printed page and cleaned; old type leaves the occasional error.