Brown v. Hermann
New York Supreme Court
Motion for judgment. In this action, which was brought by the executors of Robert J. Brown, deceased, against Isaac Hermann and others, ¿for a deficiency arising upon the foreclosure of a mortgage, it appeared that Anna D. Anthony, one of the defendants, was the owner of the equity of redemption, and had acquired it by a deed which declared that she assumed the payment of the mortgage.
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Motion for judgment. In this action, which was brought by the executors of Robert J. Brown, deceased, against Isaac Hermann and others, ¿for a deficiency arising upon the foreclosure of a mortgage, it appeared that Anna D. Anthony, one of the defendants, was the owner of the equity of redemption, and had acquired it by a deed which declared that she assumed the payment of the mortgage. At the time of such conveyance to her she was a married woman, and so remained up to this time. There was no allegation in the case, that she had purchased the property for the purposes of any business carried…
1Opinion of the CourtBarnard, J.
No statute has gone to the extent of enabling a married woman to enter into any contract she pleases, and render herself liable on such contract. I apprehend that if a married woman purchase an article of dress, or an ornament, or a horse, or articles of furniture, for use of herself or her family, and not for the purpose of carrying on a separate business, she is not now liable any more than she was at common law.
The plaintiff cites the case of Young a. Gori (13 Abbotts’ Pr., 13, note); but neither that case, nor the case of Barton a. Beer (35 Barb., 78 ; S. C., 21 How. Pr., 309), go to this…
2Cases cited3 opinions
- Yale v. . DedererNew York Court of Appeals · 1860
- Barton v. BeerNew York Supreme Court · 1861
- Barton v. BeerNew York Supreme Court · 1861
3Cited by3 opinions
- Coakley v. ChamberlainThe Superior Court of New York City · 1869
- Nash v. MitchellNew York Court of Appeals · 1877
- Schmitt v. CostaNew York Supreme Court · 1867