Barton v. Beer
New York Supreme Court
This action arose in justice’s court. In the fall of 1859 Aveline Beer, a married woman, doing business in her own name, purchased a quantity of cigars of the plaintiff.
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This action arose in justice’s court. In the fall of 1859 Aveline Beer, a married woman, doing business in her own name, purchased a quantity of cigars of the plaintiff. In April, 1860, she gave to plaintiff her note, signed by herself and by her husband, for $15. On the trial before the justice, the defendant, Aveline Beer, admitted the note, that it was given to renew a note given for cigars purchased by her in 1859, and that at that time defendant, Aveline Beer, was doing business in her own name, and that the cigars were bought for her said business. It was also admitted by plaintiff,…
1Opinion of the Court
By the court, Allen, Justice.
At the time of the purchase of the cigars, for which the first note was given, the defendant Aveline being then, as now, a married woman, living with her husband, had not capacity to contract, and the contract of purchase was void, and vested no property in the cigars in her. Her note was also void. Had the cigars come to the possession of the husband, or if they were bought by the wife with his knowledge and assent, he might have been liable for them. But the cigars were not applied to the use of the husband, and the debt has at no time been treated as his debt.…
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