Deck v. Johnson
New York Supreme Court
MOTIOK for a new trial, on a case and exceptions ordered to be heard in the first instance at a general term, The action was brought on five promissory notes, for $100 each, payable to the plaintiff, and signed by Lauraette Johnson and Ransom E. Johnson, the defendant. Lauraette Johnson is a married woman, the wife of Kelson Johnson. She owns a large separate estate, consisting of mills, stores and farms.
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MOTIOK for a new trial, on a case and exceptions ordered to be heard in the first instance at a general term, The action was brought on five promissory notes, for $100 each, payable to the plaintiff, and signed by Lauraette Johnson and Ransom E. Johnson, the defendant. Lauraette Johnson is a married woman, the wife of Kelson Johnson. She owns a large separate estate, consisting of mills, stores and farms. Her husband is insolvent, and has been for many years, and manages his wife’s estate as her agent. The notes in suit were signed by the defendant as surety for Lauraette Johnson, for whose…
1Opinion of the CourtJohnson, J.
On the trial of this cause, Nelson Johnson was offered as a witness for the defendant, and was rejected, on the ground that the defendant had signed the notes, on which the action was brought, as surety for the wife of the witness offered. The decision was put upon the ground that should the defendant succeed, the record of the judg-. ment would be evidence to sustain the same defense, in favor of the wife, in an action against her, by the plaintiff, to charge her separate estate. Since the decision of the court of appeals in the case of Yale v. Dederer, (18 N. Y. Rep. 265,) it may be doubted…
2Cases cited3 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Yale v. . DedererNew York Court of Appeals · 1858
- Barker v. CassidyNew York Supreme Court · 1853
3Cited by2 opinions
- California Bridge & Construction Co. v. United StatesUnited States Court of Claims · 1915
- Hill v. AlvordNew York Supreme Court · 1879