Robertson v. Caskey — 45 N.Y. St. Rep. 623

Majority

p. 623

James Robertson, App’lt, v. Mrs. Smith Caskey, Resp’t.

(Supreme Court, General Term, Second Department,

Filed May 9, 1892.)

Headnote

Married women—Not liable for goods sold to husband.

In an action against a widow for coal furnished before her husband’s, death it appeared that the index to the account in plaintiff’s books was in the name of the husband, and all the bills .rendered were in his name. The justice rendered-judgment for plaintiff," which was reversed by the-county court. Meld, no error.

p. 624

Appeal from judgment of the county court of Orange county, reversing judgment of justice’s court.

Action for coal sold and delivered; defense, denial. It appeared that the account on plaintiff’s books was indexed in the name of defendant’s husband, who has since died, and all the bills were made out in his name. At the top of the ledger page appears the name “ Mrs. Smith Caskey."

Wilton Bennet, for app’lt; Amos Van Etten, for resp’t.

This action was commenced in a court of a justice ■of the peace for the recovery of a bill of seventeen dollars and twenty cents for coal sold and delivered. ■ The defendant is the widow of Smith Caskey, who died after the sale and delivery of the coal in question.

The cause was tried in the justice’s court before a jury and a verdict was rendered for the plaintiff. From .the judgment entered upon that verdict the defendant appealed to the county court of Orange county, where the judgment was reversed, and from that judgment of reversal the plaintiff has appealed to this court.

The judgment of the county court was right. The credit for the coal was given to the husband of the defendant, and no reason appears in the case for charging her with its payment.

The judgment should be affirmed, with costs.

Barnard, P. J., and Pratt, J., concur.