Legal Opinion

Yale v. Dederer

New York Supreme Court

Decided August 7, 1855PublishedCited by 13 opinions

THIS was a suit in the nature of a bill in equity, to charge the separate estate of Mrs. Dederer, a married woman, with the payment of a promissory note, which she signed with her husband, Nicholas A. Dederer. It appeared from the pleadings and proofs in the case, that the note was dated December 26, 1853, payable with interest, on the first of May, 1854, and was signed by both defendants.

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THIS was a suit in the nature of a bill in equity, to charge the separate estate of Mrs. Dederer, a married woman, with the payment of a promissory note, which she signed with her husband, Nicholas A. Dederer. It appeared from the pleadings and proofs in the case, that the note was dated December 26, 1853, payable with interest, on the first of May, 1854, and was signed by both defendants. This note was given in the place of two notes, one of $589.93, dated December 23,1852, and signed by both defendants ; the other dated March 19,1853, for $398, and signed by the defendant N. A. Dederer…

1Opinion of the CourtMason, J.

The rule is well settled at law, that a married woman cannot bind herself personally by any contract, in regard to her separate property, and no action at law can be *291maintained against her upon such contract. (Beard v. Webb, 2 Bos. & Pull. 93. Marsall v. Rutton, 8 T. R. 545. Van Derheyden v. Mallory, 1 Comst. 462.) The rule, however, is different in equity, and I will proceed to state briefly, the principles which are deducible from the cases in courts of equity, without going into an examination of the cases themselves. As regards her separate property, a married woman is regarded as a feme…

2Cases cited3 opinions

  1. Gardner v. GardnerCourt for the Trial of Impeachments and Correction of Errors · 1839
  2. Dyett v. North American Coal Co.New York Supreme Court · 1838
  3. Allen v. HumphreyNew York Supreme Court · 1853

3Cited by13 opinions

  1. Radford v. CarwileWest Virginia Supreme Court · 1879
  2. Jones v. CrosthwaiteSupreme Court of Iowa · 1864
  3. Garvin v. WatkinsSupreme Court of Florida · 1892
  4. Warfield v. RavesiesSupreme Court of Alabama · 1863
  5. Deering v. BoyleSupreme Court of Kansas · 1871

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