Corn Exchange Insurance v. Babcock
Commission of Appeals
Appeal from an order of the supreme court at general term, reversing a judgment and ordering a new trial. This action was brought by the Corn Exchange Insurance Company against Stephen E. and Edward Babcock, and Armina Babcock, the wife of the latter, upon three promissory notes. The facts are stated in our report of the decision of the decision of the supreme court (8 Abb. Pr. N. 8, 246); and from the decision there reported the present appeal was taken.
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Appeal from an order of the supreme court at general term, reversing a judgment and ordering a new trial. This action was brought by the Corn Exchange Insurance Company against Stephen E. and Edward Babcock, and Armina Babcock, the wife of the latter, upon three promissory notes. The facts are stated in our report of the decision of the decision of the supreme court (8 Abb. Pr. N. 8, 246); and from the decision there reported the present appeal was taken. The complaint contained three causes of action, which were alleged in the following form: The complaint of the above-named plaintiffs…
1Opinion of the Court
Hunt, Commissioner.
Several objections are made to the plaintiff’s right of recovery, which I will consider in their order:
First. It is said that the action is not proper in form; that it should be special under the statute, alleging the facts, and asking that the separate property of the defendant be subjected to the payment of the debts in. question. This objection is not valid. Tire complaint is special. The allegation of a separate estate in the wife, of her intent to charge it by the indorsements in question, together with proof of her separate estate, and of the insolvency of the other…
2Cases cited13 opinions
- Yale v. . DedererNew York Court of Appeals · 1858
- Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
- Yale v. . DedererNew York Court of Appeals · 1860
- Emery v. . PeaseNew York Court of Appeals · 1859
- North American Coal Co. v. DyettNew York Court of Chancery · 1837
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