R. H. Macy, Inc. v. Herskowitz

On September 23, 1966, plaintiff commenced an action against the defendant, Judy Eva Herskowitz, hereinafter referred to as the wife, and on November 2, 1966 commenced another action against the defendant Bernard Herskowitz, hereinafter referred to as the husband, by the issuance of two summonses with identical long-form complaints. The complaints alleged that “ on or about Aug. 9, 1965 plaintiff and defendant entered into an agreement whereby goods, wares and merchandise were to be sold upon an open account. That the defendant agreed to pay an agreed price for articles so purchased, but…