Broome v. . Taylor
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon an order overruling demurrers to the complaint and directing judgment thereon. (Reported below, 9 Hun, 155.) The substance of the complaint is stated in the opinion. The bond, being upon its face the naked promise of a married woman, is void. (Corn Ex. Ins.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon an order overruling demurrers to the complaint and directing judgment thereon. (Reported below, 9 Hun, 155.) The substance of the complaint is stated in the opinion. The bond, being upon its face the naked promise of a married woman, is void. (Corn Ex. Ins. Co. v. Babcock, 42 N. Y., 613, 620, 632; Gosman v. Cruger, 7 Hun, 60; Eanslapere v. Kitchen, id., 621; Owen v. Cowley, 36 N. Y., 600, 603; Man. B. and M. Co. v. Thompson, 58 id., 80;…
1Opinion of the CourtEarl, J.
The complaint alleges that on the 1st day of December, 1868, the defendants made and delivered to the plaintiff their sealed bond, a copy of which is set out. -The bond is in the common form of a money bond conditioned to pay $10,000. In it the defendants are described as husband and wife, as they are also in the title of the cause. After setting out the bond, the complaint further states “ that there is due to the plaintiff, on the said bond, from the defendants the sum of $10,000, with interest,” etc., for which she demands judgment. The defendants appeared separately, and each separately…
2Cases cited4 opinions
- Frecking v. . RollandNew York Court of Appeals · 1873
- Brumskill v. . JamesNew York Court of Appeals · 1854
- Second National Bank of Watkins v. . MillerNew York Court of Appeals · 1875
- Smith v. . DunningNew York Court of Appeals · 1874
3Cited by11 opinions
- Hopper v. CovingtonSupreme Court of the United States · 1886
- Baker v. GarrisSupreme Court of North Carolina · 1891
- George Babcock Inc. v. Board of Public InstructionSupreme Court of Florida · 1932
- The Saratoga County Bank v. . PruynNew York Court of Appeals · 1882
- Tanzer v. BreenAppellate Division of the Supreme Court of the State of New York · 1909
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