Fowler v. . Seaman
New York Court of Appeals
This action was for extra work on a building erected for and owned by the defendant, who was a married woman, the plaintiff claiming the amount as an equitable charge on her separate estate, which consisted of the building and the lot ■ on which it stood. The plaintiff’s brother and assignor contracted to erect the. building on the 27th of October, 1856. The contract was made in the name of the defendant’s husband, James V. Seaman.
Read the full summary
This action was for extra work on a building erected for and owned by the defendant, who was a married woman, the plaintiff claiming the amount as an equitable charge on her separate estate, which consisted of the building and the lot ■ on which it stood. The plaintiff’s brother and assignor contracted to erect the. building on the 27th of October, 1856. The contract was made in the name of the defendant’s husband, James V. Seaman. It appeared that the property was purchased for the defendant in 1827, with her share of her father’s estate, and was conveyed to Legget and "Wright as trustees…
1Opinion of the CourtGrover, J.
The separate estate of a married woman was chargeable in equity for the payment of a debt contracted by her for the benefit of such estate before the passage of the act of 1860, protecting and enlarging the rights of married women. (Yale v. Dederer, 22 N. Y., 450; Owen v. Cawley, 36 id., 600; Robbins v. Dillaye, 37 id., 35.) Since the passage of that statute, such debts may generally be recovered out of such separate property, in like manner as if the wife were sole. In. the present case the only question is, whether the defendant contracted the debt or whether it was the debt of the husband.…
2Cases cited1 opinion
- Yale v. . DedererNew York Court of Appeals · 1860
3Cited by8 opinions
- Hoffman v. McFaddenSupreme Court of Arkansas · 1892
- Mackey v. WebbNew York Supreme Court · 1889
- Parshall v. SmithNew York Supreme Court · 1889
- Benham v. EmeryNew York Supreme Court · 1887
- Mackey v. WebbNew York Supreme Court · 1889
3 more not listed; retrieve them via the Exa API.