Hoffman v. Treadwell
The Superior Court of New York City
Appeal from an order sustaining a demurrer. In her complaint the plaintiff alleges that she is the wife of Bindley M. Hoffman. That under the circumstances hereafter stated she wrote her name upon the back of five several promissory notes, bearing the same date, and being for the same amount, but payable at different times.
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Appeal from an order sustaining a demurrer. In her complaint the plaintiff alleges that she is the wife of Bindley M. Hoffman. That under the circumstances hereafter stated she wrote her name upon the back of five several promissory notes, bearing the same date, and being for the same amount, but payable at different times. One of said notes is as follows :— “$500. Hew Yore, February 1, 1871. “ Twenty-one months after date, I promise to pay to the order of Mrs. Margaret B. Hoffman five hundred dollars, value received. j Internal Bevennej. “ M. B. HOFFMAN. “Ho. , dueHov. 1-4, 1872.” Upon the…
1Opinion of the Court
By the Court.—Monell, Ch. J.
Upon the facts stated in the complaint, the plaintiff incurred no legal obligation by her indorsement. Being a married woman, and not binding or intending to charge her separate estate, and deriving no benefit, either directly or indirectly, from her indorsement, the plaintiff can not be held responsible upon her contract (Phillips v. Wicks, 36 Sup’r Ct. R. 254).
It is proper, therefore, to assume, that she has a valid defense to any action which may or might be brought against her to recover upon the notes. But is that, in conjunction with the other facts stated in…
2Cases cited4 opinions
- Yale v. . DedererNew York Court of Appeals · 1858
- Allerton v. . BeldenNew York Court of Appeals · 1872
- McHenry v. . HazardNew York Court of Appeals · 1871
- Geer v. KissamNew York Court of Chancery · 1837