Speckmann v. Foote
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Brooklyn, Seventh District. Action by Albert Speckmann against Annie M. Foote. From a judgment in favor of the plaintiff, defendant appeals. Reversed, and new trial ordered.
1Opinion of the CourtKapper, J.
Plaintiff, a grocer, recovered a judgment against the-defendant, a married woman, for $49.90, for groceries alleged to-have been sold to the defendant. Defendant lived with her husband. *381.and children, and the plaintiff during the times of the sales knew this fact. Plaintiff claims, however, that the defendant charged herself personally with these purchases, and that, therefore, the judgment was right.
[1,2] Where a married woman, living with her husband and children, purchases necessaries for the family use, the presumption is that the purchases were made as the agent of the husband, and that…
2Cases cited1 opinion
- Valois v. GardnerAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by1 opinion
- de Villiers Baccaria v. LandersAppellate Terms of the Supreme Court of New York · 1914