McVey v. . Cantrell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. (Mem. of decision below, 6 Hun, 538). The nature of the action and the facts are set forth sufficiently in the opinion. As there was nothing in the notes charging defendant’s separate estate, they could not be enforced against her.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. (Mem. of decision below, 6 Hun, 538). The nature of the action and the facts are set forth sufficiently in the opinion. As there was nothing in the notes charging defendant’s separate estate, they could not be enforced against her. (Yale v. Dederer, 18 N. Y., 265.) It will not be presumed that these notes were for the benefit of defendant’s business or estate. (Second Nat. Bank of Watkins v. Miller, 63 N. Y., 639; Man. B. & M. Co.…
1Opinion of the CourtRapallo, J.
This action 'was brought upon two promissory notes made by the defendant, both dated July 2d, 1873 ; one for $300, payable to the order of the plaintiff, and the other, for $397, payable to the order of Daniel McVey, and by him endorsed and transferred to the plaintiff.
The defendant is a married woman, but was held liable on the ground that she had a separate estate, consisting of real property, and that the notes were given for money borrowed by her for the avowed purpose of paying interest on mortgages upon such property. The evidence on this point was conflicting.
The defendant gave…
2Cases cited1 opinion
- Yale v. . DedererNew York Court of Appeals · 1860
3Cited by8 opinions
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- Sargeant v. FrenchSupreme Court of Vermont · 1882
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