Tiemeyer v. . Turnquist
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made April 5, 1880, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought by plaintiff, as assignee of Henry F. Tiemeyer, to recover the amount of an account for grocercies alleged to have been sold by the assignor to defendant, a married woman.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made April 5, 1880, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought by plaintiff, as assignee of Henry F. Tiemeyer, to recover the amount of an account for grocercies alleged to have been sold by the assignor to defendant, a married woman. The facts are sufficiently set forth in the opinion. The foundation of a judgment against a married woman is a separate estate or trade, and the power to charge…
1Opinion of the CourtFinch, J.
The decision of the General Term, affirming the judgment entered upon the report of the referee, cannot be sustained, upon the ground on which it was rendered. It assumes as a fact that the purchase of family groceries, to recover the price of which the action was brought, was made by the wife, who is the defendant here, as the agent of her husband, and for the support and use of the family. It then decides that, by force of section 1 of the act of 1860, relating to the rights of married women, the property of the wife was made liable for the debt thus contracted; and such liability could be…
2Cases cited3 opinions
- Manhattan Brass & Manufacturing Co. v. ThompsonNew York Court of Appeals · 1874
- Cashman v. . HenryNew York Court of Appeals · 1878
- Bronner v. . FrauenthalNew York Court of Appeals · 1867
3Cited by40 opinions
- Knapp v. . McGowanNew York Court of Appeals · 1884
- Land v. ShippSupreme Court of Virginia · 1900
- The Saratoga County Bank v. . PruynNew York Court of Appeals · 1882
- Kegney v. OvensNew York Supreme Court · 1888
- People v. . Mercantile Credit Guarantee Co.New York Court of Appeals · 1901
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