Legal Opinion

Anna McNally, Inc. v. Chapin

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1921PublishedCited by 4 opinions

Cross-appeals from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 4th day of June, 1920, upon the verdict of a jury. Appeal by the plaintiff, Anna McNally, Inc., from an order, entered in said clerk’s office on the 2d day of June, 1920, denying plaintiff’s motion to set aside the verdict and for a new trial made upon the minutes.

1Opinion of the Court

Greenbaum, J.:

The action was brought to recover the sum of $7,487.70, the reasonable value and agreed price of dresses and other *794wearing apparel alleged to have been sold and delivered to the former wife of the defendant by plaintiff and Anna McNally, its predecessor in business, between the 20th of July and the 25th of November, 1916.

The defendant’s answer sets up the defense that the goods so sold and delivered were not necessaries; that they were furnished solely on the credit of his wife; that she had an allowance sufficient to supply her needs, considering the means and station in life…

2Cases cited5 opinions

  1. Brinkley v. BellSupreme Court of Georgia · 1908
  2. Bell v. ChambersSupreme Court of Alabama · 1863
  3. Faith v. Ulster & Delaware RailroadAppellate Division of the Supreme Court of the State of New York · 1902
  4. Winooskie Turnpike Co. v. RidleySupreme Court of Vermont · 1836
  5. Lowther v. SullivanCity of New York Municipal Court · 1909

3Cited by4 opinions

  1. Broome County Farmers' Fire Relief Ass'n v. New York State Electric & Gas Corp.Appellate Division of the Supreme Court of the State of New York · 1933
  2. Van Son v. HerbstAppellate Division of the Supreme Court of the State of New York · 1926
  3. McNerney v. New York Polyclinic HospitalAppellate Division of the Supreme Court of the State of New York · 1963
  4. Bakal v. S. Rosenfelder & Son, Inc.City of New York Municipal Court · 1933

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