Coon v. Brook
New York Supreme Court
COON brought an action before a justice of the peace, against Jane Brook and John Brook her husband, upon a promissory note in these words and figures, viz; “$35.00. Ithaca, Oct. 6, 1854. Sixty days after date, for value received, I promise to pay James Norton, or bearer, thirty-five dollars, with use. (Signed) Richard x Brook, John Brook, Mary X Brook, Jane Brook.” The pleadings were oral.
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COON brought an action before a justice of the peace, against Jane Brook and John Brook her husband, upon a promissory note in these words and figures, viz; “$35.00. Ithaca, Oct. 6, 1854. Sixty days after date, for value received, I promise to pay James Norton, or bearer, thirty-five dollars, with use. (Signed) Richard x Brook, John Brook, Mary X Brook, Jane Brook.” The pleadings were oral. The plaintiff presented the note to the justice as his complaint, and demanded judgment thereon for $35 and interest from its date. The defendants denied each and every allegation of the complaint, and set…
1Opinion of the Court
By the Court, Balcom, J.
The justice of the peace rendered a judgment in this action, in the ordinary form of justices’ judgments, against the appellant and her husband, for $36.43 *548damages and $1.12 costs, upon a promissory note, that was executed by the appellant and her husband after they were married, and by two other persons, as makers. The judgment is against the appellant personally, not solely against her property ; and it has been affirmed by the Tompkins county court.
Suits in equity against married women to reach their separate estates, where they have by appointment charged the same…
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