Howland v. Fort Edward Paper Mill Co.
New York Supreme Court
In the first named suit, the complaint stated that plaintiff was married to Thomas Howland in February, 1852, and still remains his wife, and that on the 1st day of January, 1853, the defendants an incorporated company, gave her a promissory note, by which, for value received, they promised to pay to the order of the plaintiff, $300, in four months ; which they have not paid, but are justly indebted to plaintiff therefor; and that she is owner of the note, and that it is the…
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In the first named suit, the complaint stated that plaintiff was married to Thomas Howland in February, 1852, and still remains his wife, and that on the 1st day of January, 1853, the defendants an incorporated company, gave her a promissory note, by which, for value received, they promised to pay to the order of the plaintiff, $300, in four months ; which they have not paid, but are justly indebted to plaintiff therefor; and that she is owner of the note, and that it is the separate property of the plaintiff. The complaint in the second suit was precisely like the first, except that the…
1Opinion of the Court
Hand, Justice.
Before the recent statutes, no doubt, the husband could have brought an action upon both of these notes, and might in one'case, and must in the other, have joined the wife. (Searing agt. Searing, 9 Paige, 288; Thompson agt. Ellsworth, 1 Barb. Ch. R. 624; Moehring agt. Mitchell, Id. 271; Philliskirk agt. Pluckwell, 2 M. and Sel. 393; Burrough agt. Moss, 10 B. and C. 558; Howell agt. Maine, 3 Lev. 403; Nash agt. Nash, 2 Modd. R. 133; McMilage agt. Holloway, 1 B. and Ald. 218; and see Borst agt. Spelman, 4 Comst. 290.) At law the husband and wife must have joined, to recover rights…
2Cases cited14 opinions
- Bowers v. SmithNew York Court of Chancery · 1843
- Dyett v. North American Coal Co.New York Supreme Court · 1838
- Bailey v. IngleeNew York Court of Chancery · 1830
- Strong v. SkinnerNew York Supreme Court · 1848
- Grant v. SchoonhovenNew York Court of Chancery · 1841
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