Van Mallen v. Fuhrman

New York Supreme Court

Van Mallen v. Fuhrman

9 N.Y.S. 878, 63 N.Y. Sup. Ct. 402, 31 N.Y. St. Rep. 739, 1890 N.Y. Misc. LEXIS 421

CourtNew York Supreme Court

DecidedMay 12, 1890

StatusPublished

Cited by2 cases

This text of 9 N.Y.S. 878 (Van Mallen v. Fuhrman) 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

Van Mallen v. Fuhrman, 9 N.Y.S. 878, 63 N.Y. Sup. Ct. 402, 31 N.Y. St. Rep. 739, 1890 N.Y. Misc. LEXIS 421 (N.Y. Super. Ct. 1890).

Pincite

Opinion

Barnard, P. J.

The proof shows that the deceased, Emily Fuhrman, being a married woman, bought the goods of the plaintiff upon her express promise to pay for the same, and upon the assurance that she owned real estate, and would pay for what she got. Payments were made on her account, and in May, 1882, there was a balance struck in the cash-book of deceased at $47.77. The account ran on until May, 1885, when a new balance of $73.13 was struck, deducting all payments. Subsequent payments reduced the claim to $58.43. When the married woman buys property, she benefits her estate by the addition of the amount of the purchase, and she is obliged to pay for the purchase price for that reason. It is not necessary for her to expressly charge her separate estate. In addition to this bill, one Miller was proven to have assigned to plaintiff a small balance of seven dollars. The proof shows that Mrs. Fuhrman bought the goods, and promised to pay for the same. The judgment should therefore be affirmed, with costs. All concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Barnard, P. J.

The proof shows that the deceased, Emily Fuhrman, being a married woman, bought the goods of the plaintiff upon her express promise to pay for the same, and upon the assurance that she owned real estate, and would pay for what she got. Payments were made on her account, and in May, 1882, there was a balance struck in the cash-book of deceased at $47.77. The account ran on until May, 1885, when a new balance of $73.13 was struck, deducting all payments. Subsequent payments reduced the claim to $58.43. When the married woman buys property, she benefits her estate by the addition of the amount of the purchase, and she is obliged to pay for the purchase price for that reason. It is not necessary for her to expressly charge her separate estate. In addition to this bill, one Miller was proven to have assigned to plaintiff a small balance of seven dollars. The proof shows that Mrs. Fuhrman bought the goods, and promised to pay for the same. The judgment should therefore be affirmed, with costs. All concur.

Cite This Page — Counsel Stack

Bluebook (online)

9 N.Y.S. 878, 63 N.Y. Sup. Ct. 402, 31 N.Y. St. Rep. 739, 1890 N.Y. Misc. LEXIS 421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-mallen-v-fuhrman-nysupct-1890.

Opinion

Related

Cite This Page — Counsel Stack