Rosenfeld v. Peck
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Solomon Rosenfeld, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the verdict of a jury in favor of the defendant rendered by direction of the court after a trial at the New York Trial. Term in January, 1909.
1Opinion of the Court
Scott, J.:
This is an action by a tradesman to recover for goods sold to defendant’s wife. At the close of the whole case the complaint was dismissed. The exceptions raised the question whether the case should not have been submitted to the jury.
At the time of the purchase the defendant and his wife were living together in the city of New York. The defendant was a man of means, enjoying a large income and had been in the habit of making his wife a liberal allowance for her personal uses, and occasionally supplementing the usual allowance by giving her other sums of considerable size.
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2Cases cited1 opinion
- Wanamaker v. . WeaverNew York Court of Appeals · 1903
3Cited by6 opinions
- Wickstrom v. PeckAppellate Division of the Supreme Court of the State of New York · 1914
- B. Altman & Co. v. DurlandAppellate Division of the Supreme Court of the State of New York · 1918
- Wickstrom v. PeckAppellate Division of the Supreme Court of the State of New York · 1913
- Northeastern Real Estate Securities Corp. v. GoldsteinCourt of Appeals for the Second Circuit · 1947
- Taylor v. BrownCity of New York Municipal Court · 1949
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