Wood v. Sanchey
New York Court of Common Pleas
Appeal by the defendant from a judgment of the Eighth District Court. The action was brought for goods sold and delivered to the defendant, and the answer was a general denial, and that defendant was a married woman. It did' not appear that the plaintiffs knew that the defendant was married, or that she had any separate estate, or that the goods were for the benefit of her separate estate.
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Appeal by the defendant from a judgment of the Eighth District Court. The action was brought for goods sold and delivered to the defendant, and the answer was a general denial, and that defendant was a married woman. It did' not appear that the plaintiffs knew that the defendant was married, or that she had any separate estate, or that the goods were for the benefit of her separate estate. On the conclusion of plaintiffs’ case, the defendant’s counsel moved for a dismissal of the complaint, on the ground that defendant was a married woman, and could not make a contract, which was denied, and…
1Opinion of the Court
By the Court.
Loew, J.
I do not see how this judgment can be sustained.
The evidence on the trial established the fact—which was not disputed—that the defendant, at the time the debt was com tracted, was, and still is, a married woman.
At common law a married woman could not, as a general rule, make a valid contract to bind either herself or her husband, but in certain cases she could charge her separate estate, and so, also, her separate property could be charged, when the debt was contracted for the benefit of the estate.
The Legislature has, however, greatly enlarged the power of married women,…
2Cases cited5 opinions
- White v. StoryNew York Supreme Court · 1864
- Abbey v. DeyoNew York Supreme Court · 1863
- Barton v. BeerNew York Supreme Court · 1861
- Morgan v. AndriotNew York Court of Common Pleas · 1859
- Owen v. CawleyNew York Supreme Court · 1861
3Cited by1 opinion
- Nash v. MitchellNew York Court of Appeals · 1877