Corning v. Lewis
New York Supreme Court
APPEAL from a judgment entered on the report of.a referee. The action was an equity action, brought by the plaintiffs to charge the real estate of the defendant Mary J. Lewis with a debt alleged to have been fraudulently contracted by her husband. John Lewis, in the purchase of certain materials (hardware) used in making repairs upon a dwelling-house upon her land.
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APPEAL from a judgment entered on the report of.a referee. The action was an equity action, brought by the plaintiffs to charge the real estate of the defendant Mary J. Lewis with a debt alleged to have been fraudulently contracted by her husband. John Lewis, in the purchase of certain materials (hardware) used in making repairs upon a dwelling-house upon her land. The action' was sought to be maintained upon the ground that as the wife’s estate had reaped the benefit of these materials, and its value been enhanced by their use, she should respond, in her estate, for their price, although she…
1Opinion of the Court
By the Court,
Lamont, J.
The defendants are husband and wife. The action is brought to charge upon the separate estafe of the wife the amount of a bill of goods bought by the defendant John Lewis of the plaintiffs.
So far as the wife, Mary J. Lewis, is concerned, the facts found by the referee to whom this action was referred are as follows : She owned a house and lot at Bowmansville, Erie county, in which she and her husband resided. Her husband repaired the roof of her dwelling, situated on this' lot, in 1866, and she knew he was making such repairs, and using materials for the purpose,.. The…
2Cases cited1 opinion
- Mattice v. LillieNew York Supreme Court · 1862
3Cited by3 opinions
- Snyder v. SloaneAppellate Division of the Supreme Court of the State of New York · 1901
- Chatterton v. YoungCourt of Appeals of Tennessee · 1877
- Snyder v. SloaneAppellate Division of the Supreme Court of the State of New York · 1901