Hatch v. Leonard
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Leonard, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day of June, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 17th day of June, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
O’Brien, J.:
In this action it is sought to compel the defendant to pay for certain goods furnished to his wife, now deceased, by the plaintiff. *33The questions involved are outlined in the opinions on the former appeals. (Hatch v. Leonard, 38 App. Div. 128 ; 165 N. Y. 435.) Therein the sufficiency of the complaint was in dispute and the Court of Appeals held that the allegation that the goods were purchased by the wife as agent for the defendant was such as permitted proof of facts tending to fix liability upon the defendant for necessaries so furnished.
Accordingly, on the present trial, the…
2Cases cited3 opinions
- Hatch v. . LeonardNew York Court of Appeals · 1901
- Bloomingdale v. BrinckerhoffNew York Court of Common Pleas · 1892
- Hatch v. LeonardAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by3 opinions
- Holihan v. HolihanAppellate Division of the Supreme Court of the State of New York · 1903
- Wanamaker v. WeaverAppellate Division of the Supreme Court of the State of New York · 1902
- Wanamaker v. WeaverAppellate Division of the Supreme Court of the State of New York · 1902