Gage v. Reed
New York Supreme Court
IN,ERROR, on certiorari to a justice’s court. The defendants in error, brought an action in the court below, against the plaintiff in error, for goods sold and delivered in the year 1815, to Sally Green, who afterwards became the wife of the defendant below. The defendant l-i-l j, , . , , .... pleaded the general issue.
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IN,ERROR, on certiorari to a justice’s court. The defendants in error, brought an action in the court below, against the plaintiff in error, for goods sold and delivered in the year 1815, to Sally Green, who afterwards became the wife of the defendant below. The defendant l-i-l j, , . , , .... pleaded the general issue. At the trial, in the court below, the defendant stated, that he was under twenty-one years of age, and his father, who was present, assenting to that fact, the justice appointed the father his guardian with the defendant’s assent. It was agreed between the parties, that the…
1Per curiam
The judgment is erroneous ; for although the defendant below did not insist on the non-joinder of his wife, he did not waive that- objection. The agreement to try the cause on its merits, was a waiver only of formal and technical objections, and would operate no further than to cure defects of that nature.
The only foundation for the liability of the defendant below, was his marriage with Sally Green ; and it is well settled, that the husband alone cannot be sued for a debt contracted by his wife before marriage ; for in the event of his death, the cause of action survives against her. The…
2Cited by8 opinions
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- Gruen v. BambergerMissouri Court of Appeals · 1881
- McGinty v. MabrySupreme Court of Alabama · 1853
- Travis v. WillisMississippi Supreme Court · 1878
- Hibbard v. BellWisconsin Supreme Court · 1851
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