Gimbel Bros. v. Steinman
City of New York Municipal Court
1Opinion of the CourtStarke, J.
This action is against a husband to recover for necessaries purchased by his wife.
The following questions of law are presented:(1) Has a storekeeper sustained the burden of proving the wife’s purchases to be “necessaries” where there is credible evidence to show that some of these items were for use in a rooming house business personally owned by the wife?(2) Where husband and wife are living together, does the husband have the burden of proof as to whether he provided her with necessaries? What is the effect of a notice to the storekeeper not to charge the husband or a direction to close the…
2Cases cited21 opinions
- Mirizio v. MirizioNew York Court of Appeals · 1926
- Wanamaker v. . WeaverNew York Court of Appeals · 1903
- Garlock v. GarlockNew York Court of Appeals · 1939
- Manufacturers Trust Co. v. GrayNew York Court of Appeals · 1938
- Constable v. RosenerAppellate Division of the Supreme Court of the State of New York · 1903
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3Cited by5 opinions
- New York Telephone Co. v. TeichnerSuffolk County District Court · 1972
- Amplo v. Di MauroSuffolk County District Court · 1967
- Abraham & Straus v. TellerCivil Court of the City of New York · 1962
- Federated Department Stores, Inc. v. SeizerCivil Court of the City of New York · 1965
- Saks & Co. v. NagerCivil Court of the City of New York · 1973