Latourette v. Williams
New York Supreme Court
This was an action of assumpsit, brought to recover the amount of a promissory noté for $275, executed by the defen dant, and payable to one of the plaintiffs before her marriage with her husband, her co-plaintiff in this suit. The cause was tried at the Tompkins circuit in August, 1845, before Edmonds, circuit judge.
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This was an action of assumpsit, brought to recover the amount of a promissory noté for $275, executed by the defen dant, and payable to one of the plaintiffs before her marriage with her husband, her co-plaintiff in this suit. The cause was tried at the Tompkins circuit in August, 1845, before Edmonds, circuit judge. The defendant relied upon the following facts as a defence, viz. that Latourette, the husband, after the marriage, had borrowed fifty dollars of a neighbor, and deposited the note in question with him, as a security for the repayment, and that in a short time afterwards he…
1Opinion of the Court
By the Court, Shanbu-and, Presiding Justice.
It is a well settled principle of law, that a husband cannot maintain a suit in his own name to recover a demand which accrued to his wife before marriage, under a contract made with her: the wife must be joined in the action. (Morse v. Earl, 13 Wend. 271.)
’ Was the act of pledging the note in question, to secure the payment of a loan of money, and afterwards redeeming it, such a reduction of it to possession by the husband, as to destroy the wife’s interest in it? I think not. Nothing short of a release of the demand, or a sale of it, either…
2Cases cited3 opinions
- Garlick v. JamesNew York Supreme Court · 1815
- Moehring v. MitchellNew York Court of Chancery · 1846
- Morse v. EarlNew York Supreme Court · 1835
3Cited by4 opinions
- Bennett v. . BennettNew York Court of Appeals · 1889
- Deming v. WilliamsSupreme Court of Connecticut · 1857
- Sims v. RicketsIndiana Supreme Court · 1871
- Putnam v. BicknellWisconsin Supreme Court · 1864