Kidd-Russ Trunk & Bag Co., Inc. v. Meyer

• Decision Date: 01 July 1929
• Docket Number: 3236
• Citation: 123 So. 506,11 La.App. 210
• Parties: KIDD-RUSS TRUNK & BAG CO., INC., v. MEYER
• Court: Court of Appeal of Louisiana — District of US

123 So. 506

11 La.App. 210

KIDD-RUSS TRUNK & BAG CO., INC., v. MEYER

No. 3236

Court of Appeals of Louisiana, Second Circuit

July 1, 1929

Appeal from the First Judicial District Court, Parish of Caddo.Hon E. P. Mills, Judge.

Action by Kidd-Russ Trunk & Bag Company, Inc., against Lionel L Meyer.

There was judgment for plaintiff and defendant appealed.

Judgment affirmed.

Mabry &amp Carstarphen, of Shreveport, attorneys for plaintiffappellee.

Dimick & Hamilton, of Shreveport, attorneys for defendant, appellant.

OPINION

WEBB, J.

This is an action on open account for merchandise alleged to have been sold by plaintiff to defendant, in which the defense interposed was that a portion of the merchandise was purchased for the use of a corporation with which defendant was associated, and defendant appeals from a judgment against him for the full amount claimed.

The purchases were made by defendant, who did not disclose that he was acting as the agent of the corporation, or that any part of the merchandise was for the use of the corporation and it further appearing that the merchandise was charged to defendant, who received statements showing same, and did not protest until demand was made prior to suit, and plaintiff's representative testifying that...