Legal Opinion

Bradt v. Shull

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1899PublishedCited by 4 opinions

Appeal by the defendant, Mary Shull, from a judgment of the County Court of Fulton county in favor of the plaintiff, entered in the office of the clerk of the county of Fulton on the 11th day of July, 1899, affirming a judgment of a justice of the peace in favor of the plaintiff. .

1Opinion of the Court

Herrick, J.:

This is an action to recover the purchase price of groceries.

The defendants are husband and wife, living together as such. Part, of the groceries were purchased by the husband and part by the wife. ■ The plaintiff’s, testimony.-is that the .groceries .vwefce purchased for the use of the defendants’ family. The presumption is that a married woman who purchases, groceries for the use of the *348fainily, does so as the agent of her husband". ' (Lindholm v. Kane; 92 Hun, 369.)

The husband was legally liable for such groceries and the wife was not, either for what her husband or what she…

2Cases cited2 opinions

  1. Lindholm v. KaneNew York Supreme Court · 1895
  2. Edwards v. . WoodsNew York Court of Appeals · 1892

3Cited by4 opinions

  1. Hazard v. PottsAppellate Terms of the Supreme Court of New York · 1903
  2. Mandel Bros. v. SimpsonNew York County Court, Otsego County · 1910
  3. Scates v. Canvas Decoy Co.Court of Appeals of Tennessee · 1927
  4. Scates v. Canvas Decoy Co.Court of Appeals of Tennessee · 1927

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