Legal Opinion

Mackey v. Webb

New York Supreme Court

Decided July 20, 1889PublishedCited by 4 opinions

Appeal from Jefferson county court. Action by Henry Mackey and John Banks against Julia A. Webb, a married woman, to recover for labor done and materials furnished in the improvement of her separate estate, begun before a justice of the peace. Judgment for plaintiffs, which was affirmed, and defendant again appeals.

1Opinion of the CourtMaetin, J.

Whether the evidence was sufficient to justify the jury in finding that the labor and materials furnished by the plaintiffs were furnished to the defendant, and in holding her liable therefor, is one of the questions presented on this appeal. The work and materials were furnished at the request of the defendant’s husband. Nothing was said between the plaintiffs and defendant’s husband as to who was to pay therefor. The plaintiffs were employed in making improvements on the defendant’s separate property. The defendant was present when the work was performed and materials were furnished, and…

2Cases cited12 opinions

  1. Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
  2. Kavanagh v. . WilsonNew York Court of Appeals · 1877
  3. Koehler v. . AdlerNew York Court of Appeals · 1879
  4. Munoz v. . WilsonNew York Court of Appeals · 1888
  5. Honegger v. . WettsteinNew York Court of Appeals · 1883

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3Cited by4 opinions

  1. Boynton v. SquiresNew York Supreme Court · 1895
  2. Holden v. Kutscher, New York County Courts1896
  3. Parshall v. SmithNew York Supreme Court · 1889
  4. Murr v. Western Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1900

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