Nash v. Mitchell
New York Court of Appeals
Appeal by defendant from a judgment of general term, affirming judgment for plaintiff entered on a referee’s report. Charles W. Nash and Nelson H.'Fuller sued Isabella H. Mitchell on a bank check, drawn on her account, and post-dated, by her husband, as her attorney, and by him given to plaintiffs in exchange for their check of the same amount. The defendant had a separate estate, consisting of ten, acres of land in Westchester county, N. Y., and of lands in New Jersey.
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Appeal by defendant from a judgment of general term, affirming judgment for plaintiff entered on a referee’s report. Charles W. Nash and Nelson H.'Fuller sued Isabella H. Mitchell on a bank check, drawn on her account, and post-dated, by her husband, as her attorney, and by him given to plaintiffs in exchange for their check of the same amount. The defendant had a separate estate, consisting of ten, acres of land in Westchester county, N. Y., and of lands in New Jersey. Her husband, acting as her agent, employed persons to carry on the estate in Westchester county, and also received and…
1Opinion of the CourtAllen, J.
The onus was upon the plaintiff to show: 1st. That the drawing of the check by the agent was within the power delegated to him by the defendant; and,
2d. That it was in a transaction and for a consideration in respect of which the disabilities of the defendant as a feme covert were removed, and she at liberty to contract and assume liabilities as if she were a feme sole. There was no evidence that the husband of the defendant had assumed to act, or had acted, with the knowledge of the defendant, without or beyond the scope of the written power of attorney, so that no question could arise as to…
2Cases cited38 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Yale v. . DedererNew York Court of Appeals · 1860
- The Bank of Albion v. . BurnsNew York Court of Appeals · 1871
- Roberts v. . JohnsonNew York Court of Appeals · 1874
- Frecking v. . RollandNew York Court of Appeals · 1873
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