15-3-7 - Property of improperly disclosed principal or partner to be treated as property of one ostensibly transacting business.
§ 15-3-7. Property of improperly disclosed principal or partner to be treated as property of one ostensibly transacting business.
If a person shall transact business as a trader or otherwise, with the addition of the words "agent," "factor," "and company," or " & Co.," or like words, and fail to disclose the name of his principal or partner by a sign in letters easy to be read, placed conspicuously at the house where such business is transacted, or if a person shall transact business in his own name without any such addition, all the property, stock, money and choses in action used or acquired in such business shall, as to the creditors of such person, be liable for his debts, and be in all respects treated in favor of his creditors as his property. However, the provisions of this section shall not apply to a refrigerated box, vending machine or other container when placed by a person, firm, or corporation in a store, mercantile establishment, or other place of business to be used therein, where said refrigerated box, vending machine, or other container is plainly marked with a sign, painted on or attached to and prominently displayed on such property, showing said property to be the property of the person, firm, or corporation, placing the same therein.
Sources: Codes, 1880, § 1300; 1892, § 4234; 1906, § 4784; Hemingway's 1917, § 3128; 1930, § 3352; 1942, § 273; Laws, 1956, ch. 208.