Schwarting v. Bisland
New York Court of Common Pleas
Appeal from tenth district court. Action by Henrietta E. Schwarting against Alfred Bisland for goods sold and delivered, and for money loaned, to defendant, through the medium of his wife, as his agent, by Charles W. Schwarting, plaintiff’s assignor. Plaintiff claimed on the trial that the wife stated, in connection with the requests for money, that it was wanted for the purpose of paying for certain specified family necessaries.
Read the full summary
Appeal from tenth district court. Action by Henrietta E. Schwarting against Alfred Bisland for goods sold and delivered, and for money loaned, to defendant, through the medium of his wife, as his agent, by Charles W. Schwarting, plaintiff’s assignor. Plaintiff claimed on the trial that the wife stated, in connection with the requests for money, that it was wanted for the purpose of paying for certain specified family necessaries. Defendant claimed that the wife used the money for luxuries. From a judgment in her favor for the value of the goods, only, plaintiff appeals.
1Opinion of the CourtBischoff, J.
The action was brought to recover the sum of 1122.78 for goods sold and money loaned by plaintiff’s assignor to defendant, through the medium of his wife, as his alleged agent. The amount claimed for the goods sold was $23.41, and the court below rendered judgment in favor of the plaintiff for the value of such goods, no recovery being had for the money loaned. From this judgment in her favor the plaintiff appeals to this court. The only question for our determination is, does the plaintiff’s case, as made out, entitle her to a recovery against the defendant for money furnished to defendant’s…
2Cases cited4 opinions
- Bloomingdale v. BrinckerhoffNew York Court of Common Pleas · 1892
- Arnold v. AllenNew York Court of Common Pleas · 1880
- McQuhae v. ReyNew York Court of Common Pleas · 1893
- Anderson v. CullenNew York Court of Common Pleas · 1890
3Cited by3 opinions
- Thedford v. ReadeAppellate Terms of the Supreme Court of New York · 1898
- Wanamaker v. WeaverAppellate Division of the Supreme Court of the State of New York · 1902
- Wanamaker v. WeaverAppellate Division of the Supreme Court of the State of New York · 1902