Bradt v. Shull
Appellate Division of the Supreme Court of the State of New York
Appeal from Fulton county court. Action by Walter J. Bradt against Charles and Mary Shull. Prom a judgment for plaintiff, defendants appeal. Reversed as to defendant Mary Shull.
1Opinion of the CourtHerrick, J.
This is an action to recover the purchase price of groceries. The defendants are husband and wife, living together *485as such. Part of the groceries were purchased by the husband, and part by the wife. The plaintiff’s testimony is that the groceries were purchased for the use of the defendants’ family. The presumption is that a married woman who purchases groceries for the use of the family does so as the agent of her husband. Lindholm v. Kane, 92 Hun, 369, 36 N. Y. Supp. 665. The .husband was legally liable for such groceries, and the wife was not, either for what her husband or what she…
2Cases cited2 opinions
- Lindholm v. KaneNew York Supreme Court · 1895
- Edwards v. . WoodsNew York Court of Appeals · 1892
3Cited by1 opinion
- Mandel Bros. v. SimpsonNew York County Court, Otsego County · 1910