New York Supreme Court March 13, 1891 (Wheeler v. Timpson)

Van Brunt, P. J.

This action was brought to recover an alleged balance claimed to be due from the defendant to the late firm of O. M. Bogart & Co., whereof the plaintiff is the assignee. The claim of the defendant before the referee was that he had been dealing with the firm of O. M. Bogart & Co.