Colvin v. Currier
New York Supreme Court
APPEAL by the plaintiff from a judgment entered at a special term, allowing a demurrer to the complaint. The plaintiff, in his complaint, alleged the death of Ethan Colvin, intestate, in March, 1854, and the appointment of the plaintiff as his administratrix; and that Sarah Ann Currier was, on the 1st day of January, 1852, seised in fee of a piece of land particularly described in the complaint, in her own right; and that at that time the said George was and ever since has…
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APPEAL by the plaintiff from a judgment entered at a special term, allowing a demurrer to the complaint. The plaintiff, in his complaint, alleged the death of Ethan Colvin, intestate, in March, 1854, and the appointment of the plaintiff as his administratrix; and that Sarah Ann Currier was, on the 1st day of January, 1852, seised in fee of a piece of land particularly described in the complaint, in her own right; and that at that time the said George was and ever since has been the lawful husband of the said Sarah Ann ; and that, shortly after the time aforesaid, they contemplated building…
1Opinion of the CourtE. Darwin Smith, J.
If the premises on which the plaintiff’s husband in his lifetime erected a dwelling house, at the request of the defendant Mrs. Currier and her husband, were the separate estate of Mrs. Currier, in the sense and language of a court of equity, there can be no doubt that such property would be liable for the payment of the plaintiff’s debt, contracted as it was on the faith of the undertaking and agreement of Mrs. Currier, and for the benefit and improvement of her estate.
Since the decision of Jaques v. The Methodist Episcopal Church, in the court for the correction of errors, (17 John. 548,)…
2Cases cited4 opinions
- Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
- North American Coal Co. v. DyettNew York Court of Chancery · 1837
- Gardner v. GardnerCourt for the Trial of Impeachments and Correction of Errors · 1839
- Firemen's Insurance v. BayNew York Supreme Court · 1848
3Cited by14 opinions
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Jones v. CrosthwaiteSupreme Court of Iowa · 1864
- Dollner, Potter & Co. v. SnowSupreme Court of Florida · 1877
- Billings v. BakerNew York Supreme Court · 1858
- MacConnell v. LindsaySupreme Court of Pennsylvania · 1890
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