The Hartford republican. (Hartford, Ky.) 18??-1926, 1916-03-24
FIRMS Names
MUST Be KNOWN
DECISION RENDERED BY COURT
OF JEFFERSON COUNTY,
KENTUCKY.
OF SPECIAL INTEREST
Wakefield & Co., Not Guilty, Brown
Coal Co. Is Though, Rules
The Court.


The Court.
Judge Thomas r. Gordon gave two
opinions in joint session of Circuit
Court Saturday which have an i'm
portant bearing on persons doing
business under firm names, and who
fail to file certificates with the Coun-
ty Clerk showing where business is
done and giving the names of the
persons constituting the firm.
In one case, he holds that the firm
of Wakefield & Co., in which Dunlap
Wakefield is a partner has not violat-
ed the statute by failing to file GER
tificate in the County Clerks office,
for reason that the firm name bears
the name of one of the partners in
the firm. In this instance the court
holds that debtor can not plead a
violation of the statute against the
firms claim.
On the other hand, Judge Gordon
holds that Robert l.. Brown, doing
business under the firm name of the
Brown Coal Company. by not filing
certificate with the County Clerk
naming the true owner Of the bust
ness, violated the statute governing
firms and corporations. Judge Cor
don says the statute is plain in cases
in which an individual controls bus
mess under an assumed or fictitious
name and does not file certificate
with the County Clerk, disclosing the
identity of the real owner of the bus
mess. For this reason the Brown
Coal Company can not recover on its
contract at bar, made with firm for
coal sold.
Bond is Pledged.
In the first case, Frank l.. Walker,
administrator, with the will annexed,
of Florence NJ. Walker, sued Wake
field & Co., a firm composed of Dun
lap Wakefield, A. E. Latta and John
J. Kennedy, for the recovery of
$1,000 Louisville Home Telephone
Company first mortgage bond which
deceased pledged to the firm in Sep
TENDER, 1914, as a guarantee against
losses which might be sustained In
stock transactions with the firm of
John d. Wakefield & Co., predeces-
sors of the firm of Wakefield & Co.
The defendants in their answer and
counter-cIaim alleged that Mrs. Wal
ker owed the firm of John ID. Wake
field & Co., $3,755.36 on account, and
this account with the pledged mort
gage bond, was transferred to the
firm of Wakefield & Co., when 1t
took over the assets OF its predeces-
sor.
Claims Violation Of Law.
In it's reply, plaintiff pleaded that
the firm of Wakefield & Co.. had vio-
lated the statute by not filing certi-
ficate with the County Clerk, giving
the names of the firm members.
Judge Gordon sustained defendants
demurrer to the reply, thus holding
that Wakefield & Co. have right to
ask judgment on their claim against
the mortgage bond held by them as
collateral, and that the case must be
tried on its merits. Judge Gordon
cites numerous decisions in regard to
similar cases. In the course OF his
opinion he says:
From the cases, 1t may be con-
cluded that where the name of bus
mess concern, not corporation, con-
tains the true surnames of all those
conducting or transacting the bus
mess and nothing more, and does
not contain the name of any one not
engaged in the business, it is not AN
assumed name, or a designation, name
or style other than the
real name or names of the individual
or individuals conducting the bust
ness.
"The statute is severe one, and
an individual or firm which does
business under an assumed or fcti-
tious name without filing with the
County Clerk a certificate of the
true, real, fun name or names of the
person or persons engaged in such
business are subjecting themselves
not only to a heavy penalty, as hxed
in the statute, but to loss OF the
right to enforce all contracts made
in and under such fictitious name,
and, in giving to the statute the
strict construction that the court
does give it in this case. the
court Is carrying out the legislative
intent, and such construction is JUS
tilted by the severity of the statute"
The second case, in which Judge
Gordon decides against the plaintiff,
is that in which Robert l.. Brown,
trading as the Brown Coal Company.
uou,x. a. MCGOWAN eo1Q 40 from the