Wanamaker v. Weaver
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Wanamaker, from a judgment of the County Court of Monroe county in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 30th day of October, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 7th day of November, 1901, denying the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, John Wanamaker, from a judgment of the County Court of Monroe county in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 30th day of October, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 7th day of November, 1901, denying the plaintiff’s motion for a new trial made upon the minutes. The action was commenced in the Municipal Court of the city of Rochester, where the plaintiff obtained a verdict for the full amount demanded in the complaint. The defendant appealed to the County…
1Opinion of the Court
Spring, J.:
This action was brought by the plaintiff, who carries on an extensive store in the city of Philadelphia, in the State of Pennsylvania, to recover for the purchase price of goods which it is claimed were sold by him to the defendant, the wife of the latter actually making the purchase.
The defendant is a member of a prominent hardware firm in the city of Rochester, and at the time the purchases were made and the credit given, was cohabiting with his wife, and they were apparently in prosperous circumstances and their conjugal relations affectionate. They had no children, but for nine…
2Cases cited2 opinions
- Tiemeyer v. . TurnquistNew York Court of Appeals · 1881
- O'Connell v. SheraAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- Grandy v. HadcockAppellate Division of the Supreme Court of the State of New York · 1903
- Ellenbogen v. SlocumCity of New York Municipal Court · 1910