Barton v. Beer
New York Supreme Court
APPEAL from a judgment of the Onondaga county court, affirming a judgment of a justice of the peace. The action was on a promissory note given by William Beer and Aveline Beer his wife, dated April 11th, 1860, which was given in renewal of a note given in 1859. At the time of the giving of both notes the defendant was doing business in her own name, and the debt was for cigars bought by her at the time of the giving of the first note, for her business, and as a part of her…
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APPEAL from a judgment of the Onondaga county court, affirming a judgment of a justice of the peace. The action was on a promissory note given by William Beer and Aveline Beer his wife, dated April 11th, 1860, which was given in renewal of a note given in 1859. At the time of the giving of both notes the defendant was doing business in her own name, and the debt was for cigars bought by her at the time of the giving of the first note, for her business, and as a part of her stock in trade. After the giving of the note in suit she sold out her stock of goods, “including the cigars,” and took…
1Opinion of the CourtAllen, J.
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 and living with her husband, had not capacity to contract, and the contract of purchase was void and vested no projserty 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,v 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. On the contrary, the…
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