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REISEN LUMBER & MILLWORK CO. v. SIMONELLI, ET AL.

98 N.J. Super. 335 (1967)

237 A.2d 303

REISEN LUMBER & MILLWORK CO., A CORPORATION OF NEW JERSEY, PLAINTIFF, v. ANGELO SIMONELLI AND ALLEN MILLINGER, INDIVIDUALLY AND AS CO-PARTNERS TRADING AS THE YORKE INVESTMENT COMPANY, AND JOVINA SIMONELLI, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided December 22, 1967.

Attorney(s) appearing for the Case

Mr. Sydney M. Dornbusch for plaintiff.

Mr. Harvey L. Weiss for defendant Allen Millinger (Mr. Morris J. Stern, attorney).

LARNER, J.S.C.

Plaintiff is engaged in the business of selling lumber and related products. On or about September 16, 1966 an account was opened with plaintiff by defendant Angelo Simonelli, in his name and in the trade name of Yorke Investment Company. Plaintiff's books designated the account as follows: "Angelo Simonelli and Yorke Investment Co." Thereafter, between September 16, 1966 and May 22, 1967, plaintiff delivered...

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