Owen v. Cawley
New York Supreme Court
Appeal from a judgment. The defendant, Jane F. Cawley, carried on the business of ship-chandlery in the city of New York, and owned real property, separate from her husband, in Queens county. Her husband conducted the business in Hew York, and managed the same in all its details, as her agent.
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Appeal from a judgment. The defendant, Jane F. Cawley, carried on the business of ship-chandlery in the city of New York, and owned real property, separate from her husband, in Queens county. Her husband conducted the business in Hew York, and managed the same in all its details, as her agent. He employed the plaintiffs, as attorneys, in various matters pertaining to his wife’s business, and this action was brought by them to recover .for their services out of her separate estate. The husband was made a party defendant. The defence was, that by special agreement, the husband, and not the…
1Opinion of the Court
By the Court.*— Ingraham, J.
—I cannot concur in the opinion that all the charges allowed by the referee were properly chargeable on the separate estate of Mrs. Cawley. The decision in Yale a. Dederer (22 N. Y., 450) holds that the intention to charge the séparate estate must be stated in the contract itself, „ or the consideration must be one going to the direct benefit of the estate. I am not disposed to extend the rule any further than the Court of Appeals have laid it down. Applying this rule to the present case, I am at a loss to see how bringing an action for a married woman, which…
2Cases cited1 opinion
- Yale v. . DedererNew York Court of Appeals · 1860
3Cited by2 opinions
- Hickey v. ThompsonSupreme Court of Arkansas · 1889
- Wood v. SancheyNew York Court of Common Pleas · 1870