Conlin v. . Cantrell
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment in favor of plaintiff of the Seventh District Court of the city of New York. This action was for work and labor. The defence was coverture. Defendant was a married woman, but lived separate and apart from her husband. She had a separate estate and supported herself and her children with the rents and profits. Her husband did nothing for her support.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment in favor of plaintiff of the Seventh District Court of the city of New York. This action was for work and labor. The defence was coverture. Defendant was a married woman, but lived separate and apart from her husband. She had a separate estate and supported herself and her children with the rents and profits. Her husband did nothing for her support. Plaintiff was a seamstress and was employed by defendant to make dresses for her and her children. Before plaintiff…
1Opinion of the CourtMiller, J.
The defendant- lived separate and apart from her husband. She had separate property of her own, and he did not support her. The contract of the plaintiff was made with her, and the work done was for herself and children.
She had informed the plaintiff that she had property of her own before the work was done, .and the plaintiff swore she trusted her for that reason. After the debt was contracted she promised to pay it as soon as she got her rents, and the proof shows that she received rents on account of her separate property.
It is true the defendant did not agree specifically to charge her…
2Cited by7 opinions
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Rudnick v. TuckmanAppellate Division of the Supreme Court of the State of New York · 1956
- In re Shipman's EstateNew York Surrogate's Court · 1889
- In re the judicial settlement of the account of ShipmanNew York Surrogate's Court · 1889
- Johnston v. PeugnetNew York Supreme Court · 1879
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