Corn Exchange Insurance v. Babcock
New York Supreme Court
Appeal from, a judgment. This action was "brought by the Corn Exchange Insurance Company against Stephen E. and Edward Babcock,, and Armina Babcock, the wife of the latter, upon three promissory notes.' The notes were all indorsed by Armina, in substantially the following form: “For value received, I hereby charge my individual property with the payment of this note. “Aemiha Babcock.”
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Appeal from, a judgment. This action was "brought by the Corn Exchange Insurance Company against Stephen E. and Edward Babcock,, and Armina Babcock, the wife of the latter, upon three promissory notes.' The notes were all indorsed by Armina, in substantially the following form: “For value received, I hereby charge my individual property with the payment of this note. “Aemiha Babcock.” The action was in the ordinary form against makers and indorsers of a promissory note, except that the above indorsement was literally copied in the complaint, and the complaint, by amendment, alleged in Armina…
1Opinion of the Court
By the Court.—Hogeboom, J.
In this case the learned referee gave a personal money judgment against the appellant, a married woman, in an action at law for a debt of her husband, not benefiting her separate estate, upon a note of which she was simply indorser or guarantor for him, and in the proceedingsi in which action, her separate estate was not specifically described, and to which separate estate the judgment made no allusion. The complaint was in the ordinary form against the makers and indorsers of a note, except that it described in Ticec nerba the appellant’s indorsement, and by…
2Cases cited3 opinions
- Yale v. . DedererNew York Court of Appeals · 1858
- Yale v. . DedererNew York Court of Appeals · 1860
- Barnett v. LichtensteinNew York Supreme Court · 1863
3Cited by2 opinions
- Barnett v. HarshbargerIndiana Supreme Court · 1886
- Haas v. ShawIndiana Supreme Court · 1883