Legal Opinion

Constable v. Rosener

Appellate Division of the Supreme Court of the State of New York

Decided April 9, 1903PublishedCited by 3 opinions

Appeal from Appellate Term. Action by Frederick A. Constable and others against Henry Rosener. From a judgment of the Appellate Term (78 N. Y. Supp. 835) reversing a Municipal Court judgment in favor of defendant, he appeals.

1Opinion of the CourtIngraham, J.

This action was commenced in the Municipal Court of the city of New York, and resulted in a judgment in favor of the defendant. The complaint, which was in writing, alleged that between the 14th and 16th of October, 1901, the plaintiffs sold and delivered to the wife of the defendant herein, at her special instance and request, necessities for her use, of the.value and amounting to the agreed price of $209.95. 'The answer denies knowledge or information sufficient to form a belief as to this allegation, and alleges as a further and separate defense that in the month of October, 1897, the…

2Cases cited5 opinions

  1. Hatch v. . LeonardNew York Court of Appeals · 1901
  2. Keller v. . PhillipsNew York Court of Appeals · 1868
  3. Catlin v. . MartinNew York Court of Appeals · 1877
  4. Hatch v. LeonardAppellate Division of the Supreme Court of the State of New York · 1899
  5. Cromwell v. BenjaminNew York Supreme Court · 1863

3Cited by3 opinions

  1. Maschauer v. DownsCourt of Appeals for the D.C. Circuit · 1923
  2. Simpson v. DutcherNew York Supreme Court · 1910
  3. Robinson v. LitzAppellate Terms of the Supreme Court of New York · 1910

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