Legal Opinion

Berley v. Rampacher

The Superior Court of New York City

Decided January 15, 1856PublishedCited by 26 opinions

Appeal by plaintiff from a judgment at Special Term. The action was brought to recover the price of certain goods and merchandise, sold and delivered to the defendant Margaret, while a single woman. The complaint alleged that the debt was contracted in the city of New York, and became due on the 3d of October, 1850; and claimed judgment for its amount, $116r«-o, with interest from that day.

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Appeal by plaintiff from a judgment at Special Term. The action was brought to recover the price of certain goods and merchandise, sold and delivered to the defendant Margaret, while a single woman. The complaint alleged that the debt was contracted in the city of New York, and became due on the 3d of October, 1850; and claimed judgment for its amount, $116r«-o, with interest from that day. The defendant Margaret consented, by her answer, that judgment shouldbe entered against her, and execution be issued thereon, according to the provisions of the act of the legislature, passed June 18th,…

1Opinion of the CourtBy the Court. Duer, J.

If the rule of the common law, ' by which the husband is made liable for all the debts of the wife, contracted by her before the marriage, rested solely upon the transfer to him, which the marriage effects, of all the personal property of the wife, there would be great force in the argument, that the act of 1848, by preventing his acquisition of the property of the wife, has discharged him from his liability for her debts. The case, might then, not unreasonably, be held to fall within the purview of the very sensible maxim, that “ cessante ratione, cessat etiam lex.” But it is manifest, upon…

2Cases cited2 opinions

  1. Dash v. Van KleeckNew York Supreme Court · 1811
  2. Wood v. OakleyNew York Court of Chancery · 1845

3Cited by26 opinions

  1. New York & Oswego Midland Railroad v. Van HornNew York Court of Appeals · 1874
  2. Germania Savings Bank v. Village of Suspension BridgeNew York Court of Appeals · 1899
  3. Adair v. McFarlinSupreme Court of Oklahoma · 1911
  4. Bullock v. Town of DurhamNew York Supreme Court · 1892
  5. McKellar v. CouchSupreme Court of Alabama · 1859

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