Buckley v. Wells
New York Supreme Court
THIS is an appeal from a judgment entered upon the report of a referee, on the 5th day of January, 1863, in favor of the respondent, for $138.46, costs and disbursements. The referee found from the evidence the following facts, and conclusions of law therefrom: First. Edwin Smith and Charlotte A. Smith are, and ever since 1835 have been, husband and wife. Second.
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THIS is an appeal from a judgment entered upon the report of a referee, on the 5th day of January, 1863, in favor of the respondent, for $138.46, costs and disbursements. The referee found from the evidence the following facts, and conclusions of law therefrom: First. Edwin Smith and Charlotte A. Smith are, and ever since 1835 have been, husband and wife. Second. In 1849, Mrs. Smith received, as legatee under her mother’s will, about $2400, of which about $2000 w»as her husband’s note for that amount. Third. Afterwards Mr. Smith failed and made a general assignment in trust for creditors, and…
1Opinion of the Court
By the Court,
Ingalls, J.
From the facts found by the referee it appears that the marriage between Edwin Smith and Charlotte A. Smith occurred as early as 1835. In 1849 she received, as legatee under the will of her mother, $2400, of which $2000 was in a note of her husband. Edwin Smith failed, and made an assignment preferring his wife as a creditor to the amount of $2300. ,In 1850 a mercantile business was commenced at Schaghticoke conducted by Edwin Smith as agent, in which business Mrs. Smith embarked a capital of $1000, under a verbal arrangement with her husband by which he was to receive…
2Cases cited3 opinions
- Sherman v. . ElderNew York Court of Appeals · 1862
- Lovett v. Robinson & WitbeckNew York Supreme Court · 1851
- Gage v. DauchyNew York Supreme Court · 1859
3Cited by1 opinion
- Coakley v. ChamberlainThe Superior Court of New York City · 1869