The plaintiff fuel supplier sued the estate of a deceased transport company operator for unpaid invoices totaling $130,313.15.
The defendant argued the debt belonged to a numbered corporation, not the deceased personally.
The court found that the deceased failed to provide adequate notice to the plaintiff that he was operating through a corporation, as required by the Business Names Act and Business Corporations Act.
The use of the words 'transport company' on a credit application was insufficient notice.
The plaintiff was granted judgment against the estate personally.