Buckley v. . Wells
New York Court of Appeals
The appeal was from a decision of the Supreme Court in the third district, affirming a judgment directed by the referee, Mr. Gale. The following are the findings: First. Edwin Smith and Charlotte A. Smith are, and ever since 1835 have been, husband and wife. Second. In 1849 Mrs. Smith received, as legatee under her mother’s will, about $2,400, of which about $2,000 was her husband's note for that amount. Third.
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The appeal was from a decision of the Supreme Court in the third district, affirming a judgment directed by the referee, Mr. Gale. The following are the findings: First. Edwin Smith and Charlotte A. Smith are, and ever since 1835 have been, husband and wife. Second. In 1849 Mrs. Smith received, as legatee under her mother’s will, about $2,400, of which about $2,000 was her husband's note for that amount. Third. Afterwards, Mr. Smith failed, and made a general assignment in trust for creditors, and in 1850 Mrs. Smith received, as a creditor of his, under said assignment, about $2,300, having…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The facts are stated with great perspicuity in the findings of the referee. The testator, as sheriff of the county of Rensselaer, levied on the goods of the wife, in virtue of executions against her husband. The property consisted of the stock in a country store, of which she was the sole proprietor. The husband conducted the business in her behalf, in the name of "E. Smith, agent," and nominally, if not really, for her as his principal. The entire capital was…
2Cases cited2 opinions
- Knapp v. . SmithNew York Court of Appeals · 1863
- Sherman v. . ElderNew York Court of Appeals · 1862
3Cited by25 opinions
- Cooper v. HamIndiana Supreme Court · 1875
- In re FitchardDistrict Court, N.D. New York · 1900
- Isham v. SchaferNew York Supreme Court · 1871
- Mayers v. KaiserWisconsin Supreme Court · 1893
- Miller v. PeckWest Virginia Supreme Court · 1881
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