47 Vt. 336 | Vt. | 1875
The opinion of the court was delivered by
The plaintiff, by force of the Bankrupt Act, stands in the rights of H. L. Samson and Edward J. Samson. The questions arising in the case are to be determined as they would have been if the suit had been brought in the name of Samson Brothers. If that were only another name under which II. L. Samson was carrying on business, the rights of the assignee against the defendant are the same as though the suit was in the name of H. L. Samson. If the business were the sole business of H. L. Samson, it matters not, so far as the defendant is concerned, under what name the business was conducted. He could not change the rights of the defendant by changing only the name in which he did the business. If the goods for which recovery is sought, were, when delivered, the sole goods of H. L. Samson, the defendant has the same right in adjusting the accounts in this suit that he would have had had the suit been brought by H. L. Samson. The auditor has reported that in August, 1869, when it was arranged that the business should be transacted in the name
II. The auditor has also found that previously to the delivery of the goods by Edward J., Henry L. Samson had directed him to settle the old account existing between him and the defendant, and to pay the defendant the balance his due, and that Edward J. consented to this direction, though the old account was not closed on that day, and that the defendant understood ,that he received the goods in question to apply on the old account,