Ehrich v. Bucki
New York Court of Common Pleas
Appeal from seventh district court. Action by Samuel W. Ehrich and others against Charles L. Bucks to recover for necessaries alleged to have been supplied to defendant’s wife on his credit. From a judgment in favor of plaintiffs, defendant appeals. Reversed.
1Opinion of the CourtBischoff, J.
Unquestionably, a wife who resides with her husband has implied authority to pledge his credit for the payment of necessaries supplied for her use and that of her family; and the same authority arises, whether the wife be living with her husband) *248or not, if it appears that he has inadequately provided for her support, or not at all. And let it be conceded that the several articles supplied to the wife, and for which plaintiffs seek to recover, were -“necessaries,” in the sense in which that word has been defined, (Bloomingdale v. Brinckerhoff, 2 Misc. Rep. 49, 20 N. Y. Supp. 858;) still, it…
2Cases cited2 opinions
- Bloomingdale v. BrinckerhoffNew York Court of Common Pleas · 1892
- Stammers v. MacombNew York Supreme Court · 1829
3Cited by5 opinions
- Lindholm v. KaneNew York Supreme Court · 1895
- Martin v. OakesNew York Supreme Court · 1903
- In re the Judicial Settlement of the Estate of SmithNew York Surrogate's Court · 1896
- Bonwit, Teller & Co. v. LovettAppellate Terms of the Supreme Court of New York · 1907
- Schwartz v. CohnAppellate Terms of the Supreme Court of New York · 1911