Hatch v. . Leonard
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 17, 1899, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 17, 1899, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The complaint alleged that “ between October 6th, 1896, and December 10th, 1896, plaintiff, doing business as aforesaid, sold and delivered to defendant, and at his request, certain merchandise, said sale and delivery being to, and said request and promise to pay therefor being made by the wife of defendant, defendant’s agent, and said merchandise, to to…
1Opinion of the Court
Parker, Ch. J.
We have decided at this term of court that in an action to recover against an infant for goods sold it is not necessary to allege in the complaint that the articles furnished were necessaries. As a foundation for that decision we called attention to the practice as it obtained at common law in an action to recover for necessaries furnished an infant, which was that the declaration need contain only counts as in an action for debt, for board and lodging, or goods furnished. (Goodman v. Alexander, 165 N. Y. 289.) Precisely the same rule applies to a complaint in an action to…
2Cases cited3 opinions
- Goodman v. . AlexanderNew York Court of Appeals · 1901
- Cromwell v. BenjaminNew York Supreme Court · 1863
- Baker v. BarneyNew York Supreme Court · 1811
3Cited by26 opinions
- Wanamaker v. . WeaverNew York Court of Appeals · 1903
- Constable v. RosenerAppellate Division of the Supreme Court of the State of New York · 1903
- Gimbel Bros. v. SteinmanCity of New York Municipal Court · 1952
- Rochester General Hospital v. IngstrumMonroe County Court · 1939
- Daly's Astoria Sanatorium, Inc. v. BlairNew York City Court · 1936
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