Goodall v. M'Adam
The Superior Court of New York City
Demurrer to the complaint, that it does not state sufficient facts to constitute a cause of action. The complaint is as follows:— “ The above-named plaintiff, Lawrence J. Goodall, complains against the defendants, James G. MAdam and Phcebe J. M‘Adam, his wife, and says, that the said Phcebe J. MAdam was, on the first day of April, 1853, and ever since has been, and still is, the lawful wife of the defendant, James G. MAdam.
Read the full summary
Demurrer to the complaint, that it does not state sufficient facts to constitute a cause of action. The complaint is as follows:— “ The above-named plaintiff, Lawrence J. Goodall, complains against the defendants, James G. MAdam and Phcebe J. M‘Adam, his wife, and says, that the said Phcebe J. MAdam was, on the first day of April, 1853, and ever since has been, and still is, the lawful wife of the defendant, James G. MAdam. "That on the 20th day of November, 1854, the said defendants, being indebted to the plaintiff in the sum of fourteen hundred and forty dollars, made, executed and…
1Opinion of the Court
Hoffman, Justice.
The demurrer raises the question in a very simple form, whether a married woman binds her separate estate by merely joining in a bond with her husband 1
It is not strictly correct to say that the engagement of a married woman to pay a debt connected even with her separate estate, creates a charge upon it. But it is an engagement which enables a court of equity to reach such estate, so as to enforce payment of the debt out of it. In other words, it is a debt which may pass into a restricted or qualified judgment.
The law in our state commenced with the cautious and protecting…
2Cases cited5 opinions
- Neimcewicz v. GahnNew York Court of Chancery · 1831
- Edwards v. DavisNew York Supreme Court · 1819
- Coon v. BrookNew York Supreme Court · 1856
- Grasser v. EckartSupreme Court of Pennsylvania · 1809
- Cobine v. St. JohnNew York Supreme Court · 1856
3Cited by1 opinion
- Goelet v. GoriNew York Supreme Court · 1860