Hartness v. Thompson
New York Supreme Court
THIS was an action of assumpsit, on a joint and several promissory note, made by Sarah Nelson, while a feme sole, now the wife of the defendant Thompson, and j,y Joseph Nelson, the other defendant. The declaration was jn foe usual form. The defendants pleaded non assumpsit, and ne unques accouple, in lawful matrimony, The cause was tried at the Albany circuit, in October, _ . . . . _ , 1808, before Mr. Justice Spencer.
Read the full summary
THIS was an action of assumpsit, on a joint and several promissory note, made by Sarah Nelson, while a feme sole, now the wife of the defendant Thompson, and j,y Joseph Nelson, the other defendant. The declaration was jn foe usual form. The defendants pleaded non assumpsit, and ne unques accouple, in lawful matrimony, The cause was tried at the Albany circuit, in October, _ . . . . _ , 1808, before Mr. Justice Spencer. At the trial, the counsel for the defendants admitted the making of the note, and the marriage of Sarah Nelson; and offered to prove, that Joseph Nelson, the other maker of the…
1Opinion of the CourtVan Ness, J.
The precise question presented by this case does not appear to have been settled by any express adjudication. We are aware, that in the cases of Chandler v. Parkes and Danks, (3 Esp. N. P. Rep. 76.) and of Jaffray v. Fretain and others, (5 Esp. 47.) which were circumstanced like the present, the plaintiffs were nonsuited. These, however, were decisions at Nisi Prius, and we are inclined to adopt a different, and, as we apprehend, a inore convenient rule. In doing so, we do not believe that we contravene any established rule of law.
In the case of Noke and Chiswell v. Ingham, (1 Wils. 90.)…
2Cases cited1 opinion
- Tooker v. BennettNew York Supreme Court · 1805
3Cited by29 opinions
- United States v. LefflerSupreme Court of the United States · 1837
- Choen v. GuthrieWest Virginia Supreme Court · 1879
- Slocum v. Hooker & CatlinNew York Supreme Court · 1852
- Zen v. Koon ChanHawaii Supreme Court · 1923
- Jemison & Sloan v. Dearing's ExecutorsSupreme Court of Alabama · 1867
24 more not listed; retrieve them via the Exa API.