Legal Opinion
McDermott v. Books
Appellate Terms of the Supreme Court of New York
Decided April 24, 1926PublishedCited by 5 opinions
1Per curiam
Judgment unanimously reversed upon the law, with thirty dollars costs to appellant, and complaint dismissed, with appropriate costs in the court below.
Where a wife has left her husband and is living apart from him without justification and he maintains a home where he is wEling to support her, he is not liable even for necessaries furnished to her. Where husband and wife are living together, the wife has implied authority to pledge his credit for necessaries. Where they are separated and living apart, she has no such authority and the burden is upon any one seeking to hold the. husband for…
2Cases cited5 opinions
- Constable v. RosenerAppellate Division of the Supreme Court of the State of New York · 1903
- B. Altman & Co. v. DurlandAppellate Division of the Supreme Court of the State of New York · 1918
- Constable v. . RosenerNew York Court of Appeals · 1904
- Bostwick v. BrowerAppellate Terms of the Supreme Court of New York · 1898
- Buxbaum v. MasonAppellate Terms of the Supreme Court of New York · 1905
3Cited by5 opinions
- Cardozo v. GulackAppellate Division of the Supreme Court of the State of New York · 1968
- Levine v. RaymondAppellate Division of the Supreme Court of the State of New York · 1956
- Moll v. GreerCity of New York Municipal Court · 1934
- Rosamilia v. MortonNassau County District Court · 1965
- Weidlich v. RichardsAppellate Division of the Supreme Court of the State of New York · 1950