Buxbaum v. Mason
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, ninth district, borough of Manhattan, rendered in favor of the plaintiff.
1Opinion of the CourtBischoff, J.
The plaintiff’s judgment, for the value of a dress furnished to the defendant’s wife, is based upon the wife’s implied agency to pledge her husband’s credit for necessaries; since the defendant, personally, had not connected himself with the transaction. The husband and wife, in this case, had not lived together for some eleven years; and the fact of this actual separation cast the burden upon the plaintiff of showing that the wife’s act in living apart was justified, for the fact negatived a presumption of *397the wife’s agency. Bloomingdale v. Brinckerhoff, 2 Misc. Rep. 49; Constable v. Roener,…
2Cases cited5 opinions
- Starbuck v. . StarbuckNew York Court of Appeals · 1903
- In re Estate of SwalesAppellate Division of the Supreme Court of the State of New York · 1901
- Constable v. RosenerAppellate Division of the Supreme Court of the State of New York · 1903
- Hatch v. . LeonardNew York Court of Appeals · 1901
- Bloomingdale v. BrinckerhoffNew York Court of Common Pleas · 1892
3Cited by2 opinions
- McDermott v. BooksAppellate Terms of the Supreme Court of New York · 1926
- Felberbaum v. FelberbaumAppellate Terms of the Supreme Court of New York · 1915