Wickstrom v. Peck
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Augusta Wickstrom, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 3d day of July, 1913, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case upon a trial before the court and a jury at the New York Trial Term.
1Opinion of the Court
Scott, J.:
This is an action by a tradeswoman against a husband for dresses supplied to defendant’s wife, and which in the complaint are alleged to have been necessaries.
*609The complaint was dismissed upon the ground that it appeared that plaintiff had given credit exclusively to the wife. The evidence upon which the ruling was made was to the effect that the plaintiff had kept the account in the name of defendant’s wife, had sent bills to her, and such payments as had been made had been by the wife. We do not think that upon this evidence the court should have held, as matter of law, that the…
2Cases cited6 opinions
- De Brauwere v. . De BrauwereNew York Court of Appeals · 1911
- Wanamaker v. . WeaverNew York Court of Appeals · 1903
- Wickstrom v. PeckAppellate Division of the Supreme Court of the State of New York · 1913
- Rosenfeld v. PeckAppellate Division of the Supreme Court of the State of New York · 1912
- Wilder v. BrokawAppellate Division of the Supreme Court of the State of New York · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- B. Altman & Co. v. DurlandAppellate Division of the Supreme Court of the State of New York · 1918
- Caruso v. CarusoNew Jersey Court of Chancery · 1928
- Wickstrom v. PeckAppellate Division of the Supreme Court of the State of New York · 1917
- Gimbel Bros. v. SteinmanCity of New York Municipal Court · 1952
- Northeastern Real Estate Securities Corp. v. GoldsteinCourt of Appeals for the Second Circuit · 1947
6 more not listed; retrieve them via the Exa API.