Frank v. . Carter
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered September 23, 1914, which affirmed a judgment of the St. Lawrence County Court affirming a judgment in favor of plaintiffs entered upon a decision of a Justice’s Court. The nature of the action and the facts, so far as material, are stated in the opinion. The marital relation alone is not sufficient to establish an agency.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered September 23, 1914, which affirmed a judgment of the St. Lawrence County Court affirming a judgment in favor of plaintiffs entered upon a decision of a Justice’s Court. The nature of the action and the facts, so far as material, are stated in the opinion. The marital relation alone is not sufficient to establish an agency. There is not a particle of evidence in this case to show that Carter ever authorized Franks or McG-ruer to sell his wife on his credit or that he…
1Opinion of the CourtHiscock, J.
This action was brought to recover the purchase price of two lots of goods claimed to have been purchased respectively of different merchants on the credit of the defendant by his alleged wife.
In form defendant had been married to the woman who purchased the goods and- for several years had lived with her and held her out as his wife. Finally, he learned that at the time of the purported marriage she had another husband living, and he was proceeding to institute a prosecution against her for bigamy when she fled from the country. On the eve of her departure she purchased the goods in…
2Cases cited1 opinion
- Wanamaker v. . WeaverNew York Court of Appeals · 1903
3Cited by12 opinions
- Sutton v. LeibSupreme Court of the United States · 1952
- Medical Business Associates, Inc. v. SteinerAppellate Division of the Supreme Court of the State of New York · 1992
- B. Altman & Co. v. DurlandAppellate Division of the Supreme Court of the State of New York · 1918
- Northeastern Real Estate Securities Corp. v. GoldsteinCourt of Appeals for the Second Circuit · 1947
- People v. DunbarAppellate Division of the Supreme Court of the State of New York · 1920
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