National Perfume Co. v. Jacobson

Appellate Terms of the Supreme Court of New York

National Perfume Co. v. Jacobson

137 N.Y.S. 856

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 8, 1912

StatusPublished

This text of 137 N.Y.S. 856 (National Perfume Co. v. Jacobson) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

National Perfume Co. v. Jacobson, 137 N.Y.S. 856 (N.Y. Ct. App. 1912).

Pincite

Opinion

PER CURIAM.

The recovery in this case was for a package containing perfume, ordered by defendant’s husband and delivered to her store, where she dealt only in cigars, candies, and stationery, and immediately returned by her unopened. There was no evidence that the husband had authority to purchase articles for defendant, except the affirmative answer of defendant to the question :

“As a rule people know the two of you as attending to the business most of the "time?”

This answer, in the form in which it was given, and particularly when read in the context of the testimony preceding it and following it, fails to justify a finding that the husband was the wife’s agent. We may add that such authority is repeatedly denied by defendant.

Judgment reversed, and new trial ordered, with costs'to appellant to abide the event.

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PER CURIAM.

The recovery in this case was for a package containing perfume, ordered by defendant’s husband and delivered to her store, where she dealt only in cigars, candies, and stationery, and immediately returned by her unopened. There was no evidence that the husband had authority to purchase articles for defendant, except the affirmative answer of defendant to the question :

“As a rule people know the two of you as attending to the business most of the "time?”

This answer, in the form in which it was given, and particularly when read in the context of the testimony preceding it and following it, fails to justify a finding that the husband was the wife’s agent. We may add that such authority is repeatedly denied by defendant.

Judgment reversed, and new trial ordered, with costs'to appellant to abide the event.

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Bluebook (online)

137 N.Y.S. 856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-perfume-co-v-jacobson-nyappterm-1912.