Vanderheyden v. Mallory & Hunter
New York Court of Appeals
Appeal from chancery. Joel Mallory and John Hunter filed their bill in the court of chancery against Levinus Vanderheyden and Lenchy his wife, stating the case in substance as follows : Between the 30th day of April, 1835, and the 6t,h day of December, 1837, the said Lenchy being during that period the widow of John J. Bradt and a feme sole, became indebted to the complainants in the sum of $2022,95, for goods sold and moneys advanced at different times.
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Appeal from chancery. Joel Mallory and John Hunter filed their bill in the court of chancery against Levinus Vanderheyden and Lenchy his wife, stating the case in substance as follows : Between the 30th day of April, 1835, and the 6t,h day of December, 1837, the said Lenchy being during that period the widow of John J. Bradt and a feme sole, became indebted to the complainants in the sum of $2022,95, for goods sold and moneys advanced at different times. The bill averred that the complainants credited her in this sum upon the knowledge that she was entitled to a large amount of property from…
1Opinion of the Court
Jewett, Ch. J.
By the common law a married woman is disabled from disposing of either real or personal estate during the marriage, with the exception of the former by fine, and, by our law, by any legal conveyance executed under a due examination ; and of the latter with the privity and concurrence of her husband. That being the legal'rule, a married woman cannot, at law, bind herself personally by any contract in re gard to her separate property. In conformity with this principle courts of equity hold that her general personal engagements will not affect her separate propérty. And to this…
2Cases cited1 opinion
- Van Epps v. Van DeusenNew York Court of Chancery · 1833
3Cited by2 opinions
- Dyett v. Central Trust Co.New York Court of Appeals · 1893
- Fitzgerald v. QuannNew York Supreme Court · 1884