Arnold v. Allen
New York Court of Common Pleas
Appeal from an order of the general term of the marine court of the city of Hew York, reversing a judgment of that court, and granting a new trial. The action was brought to recover the price of goods sold and delivered by the plaintiffs to the defendant’s wife, alleged to be necessaries for her use. The facts are stated in the opinion. Upon the trial the jury found for the plaintiffs, and judgment for the plaintiffs was entered on the verdict.
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Appeal from an order of the general term of the marine court of the city of Hew York, reversing a judgment of that court, and granting a new trial. The action was brought to recover the price of goods sold and delivered by the plaintiffs to the defendant’s wife, alleged to be necessaries for her use. The facts are stated in the opinion. Upon the trial the jury found for the plaintiffs, and judgment for the plaintiffs was entered on the verdict. From the judgment the defendant appealed to the general term of tire marine court, which reversed the judgment, and ordered it new trial, with costs…
1Opinion of the CourtJ. F. Daly, J.
I cannot find error in the judge’s charge or the rulings on the trial. He was requested to charge :
“ Eighth. The plaintiff must prove, in order to recover in this action, that the goods sold and delivered were necessary and suitable to the condition in life of the defendant’s wife; that she was not otherwise provided for by her husband.” This covered all the questions of law on that branch of the case, and was applicable where husband and wife lived together and where they had separated. Charging this proposition rendered it unnecessary to charge the 5th, 6th and 7th requests, for it covered…
2Cases cited1 opinion
- M'Cutchen v. M'GahayNew York Supreme Court · 1814
3Cited by12 opinions
- Bloomingdale v. BrinckerhoffNew York Court of Common Pleas · 1892
- Wickstrom v. PeckAppellate Division of the Supreme Court of the State of New York · 1917
- In re the Estate of BrownNew York Surrogate's Court · 1908
- Johnson v. BriscoeMissouri Court of Appeals · 1904
- Schwarting v. BislandNew York Court of Common Pleas · 1893
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