Legal Opinion

Knowles v. . Toone

New York Court of Appeals

Decided October 7, 1884PublishedCited by 15 opinions

Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of Kew York, entered upon an order made February 6, 1882, which affirmed a judgment in favor of defendant, Clara C. Toone, entered upon the report of a referee. This action was brought upon a promissory note executed by defendant, Laura Y. Toone, payable to the order of said Clara C. Toone and indorsed by her. The material facts are stated in the opinion.

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Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of Kew York, entered upon an order made February 6, 1882, which affirmed a judgment in favor of defendant, Clara C. Toone, entered upon the report of a referee. This action was brought upon a promissory note executed by defendant, Laura Y. Toone, payable to the order of said Clara C. Toone and indorsed by her. The material facts are stated in the opinion. The note dated April 22, and the written statement April 25, the time plaintiff parted-with his money and took the note, should be…

1Opinion of the CourtMillbb, J.

In order to charge the payment of an obligar tion created by a married woman upon her separate estate, which is not made for the benefit of such estate, there must be a contract in writing expressing an intention to create a liability upon such estate. The defendant, being a married woman, was the indorser of a promissory note, to recover the amount of which this action is brought, which was presented to the plaintiff for the purpose of obtaining the money on the same. The plaintiff refused to purchase the note at the time, and propounded certain questions to the defendant in regard to the…

2Cases cited1 opinion

  1. Rogers v. . SmithNew York Court of Appeals · 1872

3Cited by15 opinions

  1. Nau v. Vulcan Rail & Construction Co.New York Court of Appeals · 1941
  2. Clark v. State Street Trust Co.Massachusetts Supreme Judicial Court · 1930
  3. Roger M. Gordon v. Vincent Youmans, Inc. And Miller Music CorporationCourt of Appeals for the Second Circuit · 1965
  4. In re the Taxation of the Estate of MillerAppellate Division of the Supreme Court of the State of New York · 1902
  5. McCulloch v. Canadian Pac. Ry. Co.District Court, D. Minnesota · 1943

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