Corn Exchange Insurance v. Babcock
New York Court of Appeals
■ This action was brought upon three promissory notes, having thereon the special indorsement of Annina Babcock, a married woman, upon each of them, in the following form: “ For value received I hereby charge my individual property with the payment of this note. “ AEMINA BABCOCK.”
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■ This action was brought upon three promissory notes, having thereon the special indorsement of Annina Babcock, a married woman, upon each of them, in the following form: “ For value received I hereby charge my individual property with the payment of this note. “ AEMINA BABCOCK.” The action was in the ordinary form, against makers and indorsers of a promissory note, except that the above indorsement was literally copied; and the complaint, alleged the ownership by Armina Babcock, of a separate estate at the time of indorsement, which has continued ever since, and her intent to charge said…
1Opinion of the Court
Hunt, Com.
Several objections are made to the plaintiff’s right of recovery, which I will consider in their order:
1st. It is said that the action is not proper in form; that it *625should be special under the statute, alleging the facts and asking that the separate property of the defendant bo subjected to the payment of the debts in question. This objection is not valid. The complaint is special. The allegation of a separate estate in the wife, of her intent to charge it by the indorsements in question, together with proof of her separate estate, and of the insolvency of the other defendants, are…
2Cases cited8 opinions
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
- Yale v. . DedererNew York Court of Appeals · 1860
- Barlow v. . ScottNew York Court of Appeals · 1861
- North American Coal Co. v. DyettNew York Court of Chancery · 1837
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3Cited by43 opinions
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- Flaum v. Wallace Bros.Supreme Court of North Carolina · 1889
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Ruhe v. BuckSupreme Court of Missouri · 1894
- Krouskop v. ShontzWisconsin Supreme Court · 1881
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