GIMBEL BROS. v. STEINMAN


202 Misc. 858 (1952)

Gimbel Bros. Inc., Plaintiff, v. Samuel Steinman et al., Defendants.

Municipal Court of the City of New York, Borough of Manhattan.

August 6, 1952.


Attorney(s) appearing for the Case

Max Shenghit for plaintiff.

Herman Phillips for Samuel Steinman, defendant.


STARKE, J.

This action is against a husband to recover for necessaries purchased by his wife.

The following questions of law are presented:

(1) Has a storekeeper sustained the burden of proving the wife's purchases to be "necessaries" where there is credible evidence to show that some of these items were for use in a rooming house business personally owned by the wife?

(2) Where husband...

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