Marsh v. Benson
New York Supreme Court
Appeal from an order dismissing a complaint. This action was brought to charge the separate estate of a married woman with the payment of a debt alleged to have been contracted by her on the faith or for the benefit of it. The court at special term dismissed the complaint, on the ground that the amount of the alleged debt was less than $100. From the judgment thus entered, plaintiff appealed to the general term.
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Appeal from an order dismissing a complaint. This action was brought to charge the separate estate of a married woman with the payment of a debt alleged to have been contracted by her on the faith or for the benefit of it. The court at special term dismissed the complaint, on the ground that the amount of the alleged debt was less than $100. From the judgment thus entered, plaintiff appealed to the general term. A similar case between different parties came before the court at the same time, and in the same manner.
1Opinion of the Court
By the Court.*—Parker, J.
The amount claimed is less than one hundred dollars.
At special term the complaint was dismissed for want of *243jurisdiction on that ground, and the only question raised on the appeal from the judgment entered at special term is, whether this court is bound, as the Court of Chancery would have been before the adoption of the present Constitution, to dismiss the suit, pursuant to section 37, of article 2, title 2, chapter 1, part 3 of the Revised Statutes. (2 Rev. Stat., 173, § 37.)
Notwithstanding it is declared in section 69 of the Code, that “ the distinction between…
2Cases cited7 opinions
- Bouton v. City of BrooklynNew York Supreme Court · 1853
- Mallory v. Norton & ScottNew York Supreme Court · 1856
- Cobine v. St. JohnNew York Supreme Court · 1856
- Mills v. BlockNew York Supreme Court · 1859
- Mace v. Trustees of the Village of NewburghNew York Supreme Court · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- McSorley v. GomprechtThe Superior Court of New York City · 1892
- Sebald v. MulhollandThe Superior Court of the City of New York and Buffalo · 1893