Miller v. Delamater
New York Supreme Court
This was an action of assumpsit, tried at the Greene circuit in October, 1831, before the Hon. James Yanderpoel, one of the circuit judges. The plaintiff sued as the endorsee of a promissory note given by the defendant, dated 16th January, 1828, for $300, payable, with interest, on demand, to Lyntia Harder or order. The note was endorsed in blank by the payee, by writing her name (Lyntia Harder) on the back thereof.
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This was an action of assumpsit, tried at the Greene circuit in October, 1831, before the Hon. James Yanderpoel, one of the circuit judges. The plaintiff sued as the endorsee of a promissory note given by the defendant, dated 16th January, 1828, for $300, payable, with interest, on demand, to Lyntia Harder or order. The note was endorsed in blank by the payee, by writing her name (Lyntia Harder) on the back thereof. On the part of the defendant, it was shown that the endorsement was made by the payee subsequent to her intermarriage with one John Moul and whilst she was the wife of Moul; on…
1Opinion of the Court
By the Court,
Sutherland, J.
There is no doubt of the general rule that the husband is entitled to all the personal property which belonged to his wife at the time of the marriage, or which she may acquire during coverture ; and it necessarily follows, that where that property consists of negotiable paper, payable to her or her order, it is, in legal effect, payable to her husband, and an effectual transfer by judgment can, as a general rule, be made only in his name. 1 Strang, 516. 3 Wils. 5. 10 Mod. 245. 2 Black. R. 1081. 4 T. R. 361. 3 Burr. 1776. 2 Maule & Selw. 393. Chitty on Bills, 25,…
2Cited by9 opinions
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- Edgerton v. . ThomasNew York Court of Appeals · 1853
- Mudge v. BullockIllinois Supreme Court · 1876
- Lee Bank v. SatterleeThe Superior Court of New York City · 1863
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