African Bio-Botanica, Inc. v. Sally Leiner, T/A Ecco Bella
New Jersey Superior Court, Appellate Division
624 A.2d 1003 (1993)
Ecco Bella Incorporated (Ecco Bella) (defendant) was a New Jersey corporation, and Sally Leiner (defendant) was its only stockholder, president, and director. African Bio-Botanica, Inc. (African) (plaintiff) sold products to Sally Leiner or Ecco Bella first by cash on delivery and then on credit. Deliveries were made to Leiner’s home. African’s paperwork first listed Leiner and later Ecco Bella as the customer. Leiner’s checks and letterhead said only “Ecco Bella” and did not indicate that Ecco Bella was a corporation. According to testimony, African did not know and was never told that Ecco Bella was a corporation. African sued Ecco Bella and Leiner for $1,530 in unpaid bills. The trial judge concluded that African reasonably believed that Ecco Bella was Leiner’s sole proprietorship since Leiner never said otherwise. The judge held that Leiner needed to state that Ecco Bella was a corporation on its letterhead since Ecco Bella never filed a trade name certificate. Leiner was held personally responsible for the full amount, but prejudgment interest was not awarded. Leiner appealed the judgment, and African appealed the denial of interest to the Appellate Division of the New Jersey Superior Court.
Rule of Law
Holding and Reasoning (Brochin, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 708,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 708,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,500 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.