Hier v. . Staples
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fifth judicial district, affirming a judgment in favor of plaintiff entered on the decision of the court, upon trial at Circuit, with a jury.
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Appeal from a judgment of the General Term of the Supreme Court in the fifth judicial district, affirming a judgment in favor of plaintiff entered on the decision of the court, upon trial at Circuit, with a jury. The action was brought against the appellant, as the indorser of two promissory notes made by her co-defendant, bearing date July 6th, 1865. The complaint alleged the making and delivery of the notes by Orrin G. Staples to the appellant, and that she indorsed and delivered the same to the plaintiff, at the same time guaranteeing the payment thereof, and it contained the ordinary…
1Opinion of the Court
Lott, Ch. C.
The evidence objected to by the appellant was admissible to show that the fact of the appellant’s coverture was not available as a defence. It tended to establish that the note was given for a debt incurred by herself, in the course of business transacted on her sole and separate account, which she could legally contract and be sued for in the same manner as if she were a feme sole, under chapter 90 of the Laws of 1860, as amended by chap. 172 of the Laws of 1862, and that it was given for her own benefit upon a good and sufficient consideration, and not for the accommodation of…
2Cases cited2 opinions
- Corn Exchange Insurance v. BabcockNew York Court of Appeals · 1870
- Barton v. BeerNew York Supreme Court · 1861
3Cited by4 opinions
- Forcy v. LeonardWisconsin Supreme Court · 1885
- Hausee v. FieroNew York Supreme Court · 1890
- Persons v. KrugerAppellate Division of the Supreme Court of the State of New York · 1899
- Andrews v. MonilawsNew York Supreme Court · 1876