Muller v. Platt

New York Supreme Court

Muller v. Platt

38 N.Y. Sup. Ct. 121

DecidedDecember 15, 1883

StatusPublished

This text of 38 N.Y. Sup. Ct. 121 (Muller v. Platt) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Muller v. Platt, 38 N.Y. Sup. Ct. 121 (N.Y. Super. Ct. 1883).

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Opinion

Dykman, J".:

The defendant is a married. woman and has daughters. She employed the plaintiff, who is a music teacher, to give music lessons to her daughters and furnish them with sheets of music, or sheets on which musical characters were written or printed. He gave the instructions and furnished the sheets, and the amount of the claim is not seriously disputed. This action is brought for the services and the sheets of music, and the plaintiff has a judgment. The action is defended on the ground of the non-liability of the defendant as a married woman.

Married women have been held liable on contracts similar to this. In Tiemeyer v. Turnquist (85 N. Y., 516) the Court of Appeals held a married woman liable for groceries bought on her credit to be consumed by her family, including her husband. In the case of Conlin v. Cantrell (61 N. Y., 217) the same court held a married woman liable on a contract for services of a seamstress to do work for herself and her children.

We think these cases decisive of this and that the judgment should be affirmed, with costs.

Barnard, P. J., concurred; Pratt, J., not sitting.

Judgment affirmed, with costs.

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Dykman, J".:

The defendant is a married. woman and has daughters. She employed the plaintiff, who is a music teacher, to give music lessons to her daughters and furnish them with sheets of music, or sheets on which musical characters were written or printed. He gave the instructions and furnished the sheets, and the amount of the claim is not seriously disputed. This action is brought for the services and the sheets of music, and the plaintiff has a judgment. The action is defended on the ground of the non-liability of the defendant as a married woman.

Married women have been held liable on contracts similar to this. In Tiemeyer v. Turnquist (85 N. Y., 516) the Court of Appeals held a married woman liable for groceries bought on her credit to be consumed by her family, including her husband. In the case of Conlin v. Cantrell (61 N. Y., 217) the same court held a married woman liable on a contract for services of a seamstress to do work for herself and her children.

We think these cases decisive of this and that the judgment should be affirmed, with costs.

Barnard, P. J., concurred; Pratt, J., not sitting.

Judgment affirmed, with costs.

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38 N.Y. Sup. Ct. 121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muller-v-platt-nysupct-1883.

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