Gardner v. Gardner
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. The appellant Charlotte Gardner who was the administratrix with the will annexed of the estate of her late husband James Gardner, was cited to render an account before the surrogate of the city of New York of her doings as administratrix, upon the application of a nephew of the testator to whom and four brothers and one sister of the applicant, a moiety of the personal estate of the testator was given by the will.
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Appeal from chancery. The appellant Charlotte Gardner who was the administratrix with the will annexed of the estate of her late husband James Gardner, was cited to render an account before the surrogate of the city of New York of her doings as administratrix, upon the application of a nephew of the testator to whom and four brothers and one sister of the applicant, a moiety of the personal estate of the testator was given by the will. When Mrs. Gardner rendered her accounts to the surrogate she stated to him, that she had borrowed $2000 of her husband to complete or erect buildings on…
1Opinion of the Court
After advisement, the following opinion was delivered :—
By 'CowsN, J.
The main objection here, is, that Mrs. Gardner was not chargeable with the $2000 which she had borrowed from her husband. First: It is said she was not fiable, because the loan was by the husband to his wife. It is admitted to be void at law, upon the ground that the wife cannot contract a debt to any one, and especially toiler husband. This rule is universal at law, and it is the general rule of a court of chancery, which follows the law. Simpson v. Simpson, 4 Dana, 140. Chancery, however, has raised an exception': not an…
2Cases cited4 opinions
- Rowley v. Van BenthuysenCourt for the Trial of Impeachments and Correction of Errors · 1836
- Butler v. Hempstead's AdministratorsNew York Supreme Court · 1837
- Simpson v. SimpsonCourt of Appeals of Kentucky · 1836
- Kettletas v. GardnerNew York Court of Chancery · 1829
3Cited by48 opinions
- Cheever v. WilsonSupreme Court of the United States · 1870
- Patterson v. GainesSupreme Court of the United States · 1848
- Higgins v. CarltonCourt of Appeals of Maryland · 1868
- Hendricks v. . IsaacsNew York Court of Appeals · 1889
- Radford v. CarwileWest Virginia Supreme Court · 1879
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