Strong v. Moul
New York Supreme Court
Appeal from judgment on report of referee. Action by William H. Strong'against Annie M. Moul to charge defendant, a married woman, with the value of certain meats delivered to tier, and consumed by her family. The plaintiff contended that such meats had been purchased by defendant on her own credit, while she- contended that she had acted merely as the agent of her husband in making the purchase.
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Appeal from judgment on report of referee. Action by William H. Strong'against Annie M. Moul to charge defendant, a married woman, with the value of certain meats delivered to tier, and consumed by her family. The plaintiff contended that such meats had been purchased by defendant on her own credit, while she- contended that she had acted merely as the agent of her husband in making the purchase. Henry H. Wolf testified that he had sold groceries to the defendant on her own credit. Laws 2ST. Y. 1860, c. 90, § 1, provides that the property of a married woman shall not be liable for the debts…
1Opinion of the CourtBarnard, P. J.
The sole question before the referee was whether the goods in question were sold by the plaintiff to the defendant. The evidence showed that the defendant was a married woman, living with her husband and children. That the claim was for meat used in the family from May, 1885, to August, 1886. Ordinarily the presumption of the law is that the husband is responsible for all articles needed to support his family. To rebut this the plaintiff provided evidence that in May, 1885, his clerk asked the defendant to whom the goods were to be charged, and she replied, to herself, and that they were…
2Cases cited1 opinion
- Tiemeyer v. . TurnquistNew York Court of Appeals · 1881
3Cited by5 opinions
- Lindholm v. KaneNew York Supreme Court · 1895
- Winkler v. SchlagerNew York Supreme Court · 1892
- Byrnes v. RaynerNew York Supreme Court · 1895
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