Legal Opinion

Holden v. Kutscher

New York County Courts

Decided March 15, 1896PublishedCited by 1 opinion

Appeal from justice court. Action by William Holden and others" against Satie E. Kutscher for the price of lumber alleged to have been sold by plaintiff to defendant. Defendant, who was a married woman, claimed that the sale was made to her husband. There was a judgment in favor of plaintiffs, and defendant appeals. Affirmed.

1Opinion of the CourtKeck, J.

The judgment rendered in the justice’s court can be sustained only upon the theory that the sale of lumber in question was to the defendant, and not to her husband, and, although the case is not free from doubt, I am, after a careful study of the testimony contained in the return, led to believe that the finding of the sale to defendant must be upheld. The plaintiff Charles Holden testified that Arthur Kutscher, the husband of the defendant, said he wanted some lumber to use in a house he was building; that

*738he wished to pay part cash, and wanted credit for the balance; that he asked who owned…

2Cases cited4 opinions

  1. Mackey v. WebbNew York Supreme Court · 1889
  2. Dorsey v. PikeNew York Supreme Court · 1890
  3. Boynton v. SquiresNew York Supreme Court · 1895
  4. Collins v. FairchildNew York Supreme Court · 1888

3Cited by1 opinion

  1. Helmer v. Brockert, New York County Courts1897

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