Wanamaker v. . Weaver
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 22, 1902, reversing a judgment in favor of defendant entered upon a verdict and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The case was submitted to the jury without error. (Cromwell v. Benjamin, 41 Barb. 558; Reneaux v. Teakle, 20 Eng.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 22, 1902, reversing a judgment in favor of defendant entered upon a verdict and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The case was submitted to the jury without error. (Cromwell v. Benjamin, 41 Barb. 558; Reneaux v. Teakle, 20 Eng. L. & Eq. 345; Bergh v. Warner, 47 Minn. 250; Raynes v. Bennett, 114 Mass. 424; Compton v. Bates, 10 Ill. App. 78; Davis v. Caldwell, 12 Cush. 512; 2 Lawson on Personal Bel. § 726;…
1Opinion of the CourtHaight, J.
This action was brought to recover the purchase price of goods sold by the plaintiff to the defendant’s wife, in the city of Philadelphia, without the defendant’s knowledge or consent. The defendant and his wife resided in the city of Rochester, and at the time the goods were purchased lived together as husband and wife. It was claimed on behalf of the defendant that while the goods might ordinarily be deemed necessaries they were not in fact such, for the reason that the defendant lived on a salary of $2,000 per year, out of which lie delivered to his wife $1,500 in monthly installments of…
2Cases cited5 opinions
- Hatch v. . LeonardNew York Court of Appeals · 1901
- Keller v. . PhillipsNew York Court of Appeals · 1868
- Cromwell v. BenjaminNew York Supreme Court · 1863
- Bloomingdale v. BrinckerhoffNew York Court of Common Pleas · 1892
- Clark v. CoxMichigan Supreme Court · 1875
3Cited by71 opinions
- Phillips, Nizer, Benjamin, Krim & Ballon v. Lewis S. RosenstielCourt of Appeals for the Second Circuit · 1973
- D. H. Holmes Co. v. MorrisSupreme Court of Louisiana · 1937
- McFerren v. Goldsmith-Stern Co.Court of Appeals of Maryland · 1921
- Commission of Internal Revenue v. Dwight's EstateCourt of Appeals for the Second Circuit · 1953
- Werner v. WernerAppellate Division of the Supreme Court of the State of New York · 1915
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