Bogert v. Gulick
New York Supreme Court
THIS is an action on a promissory note for $395.81, dated New York, 8th July, 1869, at four months, to order of M. J. O’Leary & Co., and endorsed by them and Henry B. Ogden, and Timothy Cohalen. The defendant’s name was signed to the note by her husband, as her agent; the defendant then was and still is a married woman, the wife of Egbert Gulick.
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THIS is an action on a promissory note for $395.81, dated New York, 8th July, 1869, at four months, to order of M. J. O’Leary & Co., and endorsed by them and Henry B. Ogden, and Timothy Cohalen. The defendant’s name was signed to the note by her husband, as her agent; the defendant then was and still is a married woman, the wife of Egbert Gulick. The note was made and handed to Timothy Cohalen, to be by him delivered to the Traveller’s Insurance Company, in payment of the first annual premium, for an insurance policy on the life of Egbert Gulick, to be issued by said company to said Egbert…
1Opinion of the Court
By the Court; Fahoher, J.
The defendant did not, on the face of the note, charge, in express terms, her separate estate. The case of the Corn Exchange Ins. Co. v. Babcock, (42 N. Y. 613,) is not, therefore, authority against her defence. Had she made the note a charge on her separate estate, by its terms, she might perhaps, be estopped from asserting that it was not given for the benefit of her separate estate. (Todd v. Ames, 60 Barb. 462. Foster v. Conger, 61 id. 147.) The note itself bears no evidence that the defendant charged, or intended to charge, her separate estate. It is clear, upon…
2Cases cited6 opinions
- Yale v. . DedererNew York Court of Appeals · 1860
- Corn Exchange Insurance v. BabcockNew York Court of Appeals · 1870
- Hansee v. De WittNew York Supreme Court · 1871
- Deck v. JohnsonNew York Court of Appeals · 1866
- Foster v. CongerNew York Supreme Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Fairlee v. BloomingdaleNew York Supreme Court · 1884
- Third National Bank of Buffalo v. GuentherSuperior Court of Buffalo · 1884