The Saratoga County Bank v. . Pruyn
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 11, 1881, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. This action was upon a promissory note in the usual form for $800, made by defendant, a married woman, payable to the order of John F. Pruyn, her husband, at plaintiff’s bank.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 11, 1881, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. This action was upon a promissory note in the usual form for $800, made by defendant, a married woman, payable to the order of John F. Pruyn, her husband, at plaintiff’s bank. The court found in substance that said note was indorsed by said John F. Pruyn, and was discounted by plaintiff in renewal of another note for a like amount, similarly…
1Opinion of the CourtTracy, J.
A married woman cannot bind herself by contract, unless, first, the obligation was created by her in or about carrying on her trade or business; or, second, the contract relates to or is made for the benefit of her separate estate; or, third, intention to charge the separate estate is expressed in the instrument or contract by which the liability is created (The Manhattan Brass and Mfg. Co. v. Thompson, 58 N. Y. 80; Nash v. Mitchell, 71 id. 199; 27 Am. Rep. 38); or, fourth, the debt was created for property purchased by her. (Tiemeyer v. Turnquist, 85 N. Y. 516; 39 Am. Bep. 674.)
Ho intention,…
2Cases cited4 opinions
- Tiemeyer v. . TurnquistNew York Court of Appeals · 1881
- Manhattan Brass & Manufacturing Co. v. ThompsonNew York Court of Appeals · 1874
- Broome v. . TaylorNew York Court of Appeals · 1879
- Second National Bank of Watkins v. . MillerNew York Court of Appeals · 1875
3Cited by10 opinions
- Tufts v. CopenWest Virginia Supreme Court · 1893
- Kegney v. OvensNew York Supreme Court · 1888
- Bowery National Bank v. SniffenNew York Supreme Court · 1889
- In re the Estate of ShulenburgNew York Surrogate's Court · 1921
- Dickerson v. . RogersNew York Court of Appeals · 1889
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