Sloane v. Boyer

Appellate Terms of the Supreme Court of New York

Sloane v. Boyer

95 N.Y.S. 531

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 27, 1905

StatusPublished

This text of 95 N.Y.S. 531 (Sloane v. Boyer) 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

Sloane v. Boyer, 95 N.Y.S. 531 (N.Y. Ct. App. 1905).

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Opinion

BISCHOFF, J.

It was established upon the trial that the goods furnished were necessaries, that the defendant had not made other provision for their supply, and that the wife, at whose order they were furnished, was living in the defendant’s house from which he had removed. If there was, technically, a condition of living apart, the proof discloses the wife’s continued right to support, and justifies the plaintiff’s reliance upon her agency, since the circumstances were such as to permit the finding that she did not so act as to forfeit her claim to maintenance. If the parties were still to be viewed as living together, then the - wife’s agency to procure, upon her husband’s credit, necessaries which he had omitted to provide, was not open to question. Wanamaker v. Weaver, 176 N. Y. 75, 68 N. E. 135, 65 L. R. A. 529, 98 Am. St. Rep. 621; Grandy v. Hadcock, 85 App. Div. 173, 83 N. Y. Supp. 90.

The plaintiff was not shown to have had any actual notice of the defendant’s unwillingness to extend his credit (Ogle v. Dershem, 67 App. Div. 221, 73 N. Y. Supp. 592), and his liability could not be- affected by the publishing of a general notice, not brought to plaintiff’s attention.

Judgment affirmed, with costs. All concur.

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BISCHOFF, J.

It was established upon the trial that the goods furnished were necessaries, that the defendant had not made other provision for their supply, and that the wife, at whose order they were furnished, was living in the defendant’s house from which he had removed. If there was, technically, a condition of living apart, the proof discloses the wife’s continued right to support, and justifies the plaintiff’s reliance upon her agency, since the circumstances were such as to permit the finding that she did not so act as to forfeit her claim to maintenance. If the parties were still to be viewed as living together, then the - wife’s agency to procure, upon her husband’s credit, necessaries which he had omitted to provide, was not open to question. Wanamaker v. Weaver, 176 N. Y. 75, 68 N. E. 135, 65 L. R. A. 529, 98 Am. St. Rep. 621; Grandy v. Hadcock, 85 App. Div. 173, 83 N. Y. Supp. 90.

The plaintiff was not shown to have had any actual notice of the defendant’s unwillingness to extend his credit (Ogle v. Dershem, 67 App. Div. 221, 73 N. Y. Supp. 592), and his liability could not be- affected by the publishing of a general notice, not brought to plaintiff’s attention.

Judgment affirmed, with costs. All concur.

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Bluebook (online)

95 N.Y.S. 531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sloane-v-boyer-nyappterm-1905.

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