Legal Opinion

Suau v. . Caffe

New York Court of Appeals

Decided October 14, 1890PublishedCited by 20 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 31, 1886, which affirmed a judgment in favor •of plaintiff entered upon a verdict.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 31, 1886, which affirmed a judgment in favor •of plaintiff entered upon a verdict. On the 29th of January, 1881, the defendants, then and now husband and wife, executed, and June 1, 1881, recorded in the office of the cleric of the city and county of New York a certificate by which they assumed to form a limited partnership pursuant to the ¡Revised Statutes for the purpose of importing and dealing in foreign goods at the city of New York under the firm name of “…

1Opinion of the Court

Follett, Ch. J.

But a single question is involved in this appeal, which is whether a married "woman who contracts a debt with her husband in a business carried on for their joint benefit can avoid liability for it on the ground of coverture. The second section of chapter 90 of the Laws of 1860, provides that: “ A married woman may * * * carry on any trade or business * "x" on her sole and separate account.” It is urged that this language is not broad enough to authorize married women to engage in business as partners or jointly with others, or at least with their husbands, but .that the…

2Cases cited10 opinions

  1. Knapp v. . SmithNew York Court of Appeals · 1863
  2. Frecking v. . RollandNew York Court of Appeals · 1873
  3. Owen v. . CawleyNew York Court of Appeals · 1867
  4. Zimmerman v. . ErhardNew York Court of Appeals · 1880
  5. Seymour v. . FellowsNew York Court of Appeals · 1879

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3Cited by20 opinions

  1. Edgerly v. Equitable Life Assurance Society of the United StatesMassachusetts Supreme Judicial Court · 1934
  2. Haggett v. HurleySupreme Judicial Court of Maine · 1898
  3. Board of Trade v. HaydenWashington Supreme Court · 1892
  4. Hoaglin v. C. M. Henderson &. Co.Supreme Court of Iowa · 1903
  5. Fuller & Fuller Co. v. McHenryWisconsin Supreme Court · 1892

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