Nat Greene, Inc. v. Freed

Michigan Court of Appeals

Nat Greene, Inc. v. Freed

168 N.W.2d 470, 16 Mich. App. 599, 1969 Mich. App. LEXIS 1435

CourtMichigan Court of Appeals

DecidedMarch 26, 1969

DocketDocket No. 5,319

StatusPublished

Cited by1 cases

This text of 168 N.W.2d 470 (Nat Greene, Inc. v. Freed) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nat Greene, Inc. v. Freed, 168 N.W.2d 470, 16 Mich. App. 599, 1969 Mich. App. LEXIS 1435 (Mich. Ct. App. 1969).

Pincite

Opinion

Per Curiam.

The trial court granted the defendant a summary judgment of no cause of action at the close of plaintiff’s opening statement.

Plaintiff instituted suit against the defendant for merchandise purchased by the defendant’s wife while the parties were separated. Defendant filed an answer, which included the affirmative defense that the merchandise was purchased by his wife, while the parties were separated and while he was paying support through a court order for his wife and minor children. Plaintiff did not reply to the answer and stipulated in its opening statement to those facts.

Defendant, by paying alimony under a court order, thus making sufficient provision for his wife’s support, is not bound to make good her contracts. Crittenden v. Schermerhorn (1878), 39 Mich 661. The defendant as a matter of law was not liable to plaintiff for the debts incurred by his wife.

As the plaintiff failed to show the court any material issue of fact, the trial judge could grant a summary judgment at the close of plaintiff’s opening-statement. Bean v. State Land Office Board (1952), 335 Mich 165.

Affirmed. • Costs to appellee.

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