Nagler v. L'Esperance
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by Isadore Nagler and another against Alfred D. L’Esperance, impleaded with another. From a judgment for plaintiffs, defendant appeals.
1Opinion of the CourtGiegerich, J.
The plaintiffs brought this action against the defendants, who are husband and wife, to recover the agreed price of certain clothing furnished to the wife. The husband was alone summoned and alone defended the action. The action proceeded-upon the theory that he was- liable for the purchase price of the goods supplied to his wife, and the plaintiffs have recovered this judgment against him. It is not apparent why the wife was-joined as a defendant if the plaintiff’s theory was that the husband was liable; but, as no point was-made of the fact, we need not consider it, and the action may be…
Also in this document: Concurrence.
2Cases cited2 opinions
- Wanamaker v. . WeaverNew York Court of Appeals · 1903
- Williams v. . GlennyNew York Court of Appeals · 1857
3Cited by1 opinion
- Siwanoy Country Club, Inc. v. FontJustice Court of Village of Tuckahoe · 1987