Schwartz v. Cohn
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by Morris Schwartz and another, trading as Schwartz Bros., against Moses J. Cohn. Judgment for plaintiffs, and defendant appeals.
1Opinion of the CourtGuy, J.
This action was brought and judgment recovered by the plaintiffs, either upon the theory that the defendant’s wife had implied authority to charge her husband with the price of a velveteen suit she had ordered, and for which she had agreed to pay'the sum of $75, or that the husband had ratified such purchase.
[1] The implied authority to bind the husband for purchases made by a wife applies only to necessaries, and then only in case the husband fails to furnish them. Arnold v. Allen, 9 Daly, 198.
[2] What are included in the1 word “necessaries,” when applied to goods purchased by a wife, and…
2Cases cited4 opinions
- Conant v. BurnhamMassachusetts Supreme Judicial Court · 1882
- Arnold v. AllenNew York Court of Common Pleas · 1880
- Haehnel v. TrostlerAppellate Terms of the Supreme Court of New York · 1907
- Ehrich v. BuckiNew York Court of Common Pleas · 1894