May v. Josias
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by Mary May and others against Blanche Josias. From a judgment in favor of the plaintiffs, defendant appeals. Reversed, and new trial ordered.
1Opinion of the CourtGuy, J.
[1] In this action to recover the agreed price of a dress furnished by plaintiffs to defendant the plaintiffs gave evidence in support of tile alleged cause of action, and it also appeared as a part of their case that the defendant was a married woman living with her husband. Defendant’s counsel thereupon moved to dismiss the complaint on the ground that the presumption is that defendant’s husband, and not the wife, is responsible; but the court denied the motion and granted judgment for plaintiffs.
This ruling was wrong. Apparently the dress was a necessary; and in such case, in the absence…
2Cases cited3 opinions
- Wanamaker v. . WeaverNew York Court of Appeals · 1903
- In re the Judicial Settlement of the Accounts of TottenAppellate Division of the Supreme Court of the State of New York · 1910
- de Villiers Baccaria v. LandersAppellate Terms of the Supreme Court of New York · 1914
3Cited by1 opinion
- Bartley v. ConnellAppellate Division of the Supreme Court of the State of New York · 1921