Hyperlawhypertext legal database Van Mallen v. Fuhrmann 31 N.Y. St. Rep. 739

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Van Mallen v. Fuhrmann

31 N.Y. St. Rep. 739 Court N.Y. Gen. Term Decision date 1890-05-12 English

Delivered by Barnard, P. J.

Contents

Majority

p. 739
Diedrich Van Mallen, Resp’t, v. Carl Fuhrmann, Ex’r, App’lt.
(Supreme Court, General Term, Second Department,
Filed May 12, 1890.)

Headnote

Married women—Liability for purchases.
When a married woman buys property she benefits her estate by the addition of the amount of the purchase, and she is liable for the purchase price. It is not necessary for her to expressly charge her separate estate.
Appeal from judgment in favor of plaintiff.
Action to recover the purchase price of groceries and provisions sold to Emily Fuhrmann, defendant’s testatrix.
L. W. Manley, for app’lt; Matthew Marx, for resp’t ■

The proof shows that the deceased, Emily Fuhrmann, 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 run 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 showed that Mrs. Fuhrmann bought the goods and promised to pay for the same.

The judgment should, therefore, be-affirmed, with costs.

Dykman and Pratt, JJ., concur.