Appellate Division of the Supreme Court of the State of New York March 7, 1913 (Wickstrom v. Peck)

McLaughlin, J.:

Action to recover a balance alleged to be due for goods sold and delivered to the defendant’s wife. At the opening of the trial the defendant moved to dismiss the complaint upon the ground that it did not state facts sufficient to constitute a cause of action. The motion was granted and plaintiff appeals.

As to the sale and delivery of the goods the .