Noel v. Kinney
New York City Court
Motion for a new trial upon exceptions on the part of plaintiffs, ordered to be heard in the first instance at general term. The action was brought by August Noel and August Noel, Jr., against Frederica M. Kinney and John P. Kinney, upon a note for §505, signed by the defendant, John P. Kinney, in the firm name of J. P. Kinney & Co. The defendants were alleged in the complaint to be partners composing such firm.
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Motion for a new trial upon exceptions on the part of plaintiffs, ordered to be heard in the first instance at general term. The action was brought by August Noel and August Noel, Jr., against Frederica M. Kinney and John P. Kinney, upon a note for §505, signed by the defendant, John P. Kinney, in the firm name of J. P. Kinney & Co. The defendants were alleged in the complaint to be partners composing such firm. The defendant, Frederica M. Kinney, alone defended, setting up in her answer that the defendants were husband and wife. These facts appearing on the trial, the court directed a…
1Opinion of the CourtReynolds, J.
The respondent and her husband are sued as partners, upon a note signed by her hns*404band in the firm name of J. P. Kinney & Co. As the complaint is now framed, the action is not upon the consideration for which the note was given, nor are any facts alleged for the purpose of charging the defendant as a married woman ; but the claim rests simply upon the written instrument, and the case therefore presents the question whether a married woman may carry on business as a partner with her husband. . As this question has been ruled both ways, and able and exhaustive opinions have been given, it will…
2Cases cited2 opinions
- Bertles v. . NunanNew York Court of Appeals · 1883
- Fairlee v. BloomingdaleNew York Supreme Court · 1884
3Cited by3 opinions
- In re ReuterNew York Surrogate's Court · 1887
- Mackey v. WebbNew York Supreme Court · 1889
- Woodman v. PenfieldNew York Supreme Court · 1889