Cromwell v. Benjamin
New York Supreme Court
APPEAL by the defendant from a judgment entered upon the report of a referee. The action was brought to recover the value of a bill of goods, sold and delivered by the plaintiff to the defendant’s wife and children.
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APPEAL by the defendant from a judgment entered upon the report of a referee. The action was brought to recover the value of a bill of goods, sold and delivered by the plaintiff to the defendant’s wife and children. The referee found as facts, that the plaintiff had sold and delivered to the defendant, at his store in Wolcott, between November 26, 1860, and September 22, 1861, goods to the amount of $162.99, which were charged in account to the defendant, and which sum became due to the plaintiff before the commencement of this action, and had not been paid. And as a conclusion of law, the…
1Opinion of the Court
By the Court, J. C. Smith, J.
If the liability of a husband for necessaries furnished to his wife rested solely on the ground of an agency in fact, express or implied, it would be somewhat difficult to sustain the report of the referee in this case. Although, during cohabitation, the assent of the husband to all contacts of the wife for necessaries is presumed unless the contrary appears, yet the presumption is liable to be rebutted; and if before the purchase, the husband forbids the wife to trade on his account, and this fact is brought home to the knowledge of the party contracting with…
2Cited by19 opinions
- Wanamaker v. . WeaverNew York Court of Appeals · 1903
- Hatch v. . LeonardNew York Court of Appeals · 1901
- B. Altman & Co. v. DurlandAppellate Division of the Supreme Court of the State of New York · 1918
- Matter of Marriage of Haxton and HaxtonOregon Supreme Court · 1985
- In re the Estate of BrownNew York Surrogate's Court · 1908
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