Hoffmann v. Kanze — 58 N.Y. St. Rep. 36

Majority

p. 36

Joseph H. Hoffmann, App’lt, v. Clara Kanze, Resp’t.

(New York City Court, General Term,

Filed February 8, 1894.)

Headnote

Executors, etc.—Funeral expenses.

Funeral expenses for the burial of the husband are collectible from the widow, if the funeral was given on her credit.

Appeal from judgment entered on verdict of jury in favor of defendant.

George A. Baker, for app’lt; Langbein Brothers and Langbein, for resp’t.

The rule lis setted that funeral expenses for the burial of the husband are collectible from the widow if the funeral was given on her credit. Lucas v. Hessen, 17 Abb. N. C. 271 . The funeral was ordered January 7,1893, and the defendant did not administer until the 9th of November following; so that in the nature of things the defendant individually was the person to whom the credit was given, for the estate of the deceased at that time had no legal representative. The charge of the trial judge was to the effect, that if at the time of ordering the goods there was no contract as to who should pay for them, the plaintiff had a right to claim payment out of the estate, and could not claim it as against the defendant. This was a clear error. He should have charged the jury, that the defendant, who gave the order for the goods, was personally liable therefor, unless there was a special understanding by the plaintiff not to look to her individually, but to look to the estate of the husband after she had been appointed to represent it. For these reasons the judgment appealed from must be reversed with costs to the appellants to abide the event and a new trial ordered.

All concur. .