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Miller v. Hunt

3 Thomp. & Cook 762 Court N.Y. Gen. Term English

Delivered by *763 Barnard, P. J.

Contents

Majority

p. 762
Miller, appellant, v. Hunt.

Headnote

Married women — wife’s separate estate — eontraets of husband as agent.
A person did work and furnished materials for the repair of a house on the separate estate of a married woman : Held, that he had an action against her therefor, if the work and materials were ordered by her, even if the creditor did not know who was the principal.
Where a married woman knowing that repairs were being made upon a house owned by her, and that her separate estate was benefited thereby, pilently permitted her husband to make them, as her agent. Held, that she was liable for the debts contracted by him in making such repairs.
Appeal from a judgment of the county court of Orange county, reversing the judgment of a justice of the peace.
The action before the justice was brought by George A. Miller against Catharine M. Hunt, to recover the value of a walnut stair rail, newel and balusters, furnished by the plaintiff to the defendant, a married woman, for a house owned and occupied by her.
The plaintiff recovered a judgment for $52.95, damages and costs, before the justice, which the county court reversed on appeal.
Groo & Wiggins, for appellant.
J. V. D. Benedict, for respondent.

The head-note states the only points passed upon m the opinion. The judgment of the county court was reversed and that of the justice affirmed.

Judgment accordingly.