Andrews v. Monilaws
New York Supreme Court
Appeal from an order made at Special Term, denying a motion to set aside a judgment against the defendant and a sale made in pursuance thereof. The defendant, Monilaws, a married woman, executed her note at six months, dated April 1,1873, for $188.16, with interest, to George Andrews, and in and by it charged her separate estate with the payment thereof.
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Appeal from an order made at Special Term, denying a motion to set aside a judgment against the defendant and a sale made in pursuance thereof. The defendant, Monilaws, a married woman, executed her note at six months, dated April 1,1873, for $188.16, with interest, to George Andrews, and in and by it charged her separate estate with the payment thereof. The note, before its maturity, was duly indorsed to the plaintiff, who, when it became due, demanded payment, and on failure to pay brought suit. A summons for relief and a verified complaint were served May 10, 1875. The latter demanded…
1Opinion of the Court
GILBERT, J.:
A promissory note of a married woman, made in the course of her separate business, or which is for the benefit of her separate estate, is a valid contract and may be enforced at law in the same manner as if she had not been married. Formerly such a contract was treated as an appointment of, or charge upon, the separate estate of the married woman, and the only remedy for its enforcement was by bill in equity. But that mode of proceeding to enforce such contracts has been entirely superseded by legislation. By section 7 of chapter 172 of the Laws of 1862, it is enacted, that a…
2Cases cited2 opinions
- Peak v. LemonNew York Supreme Court · 1869
- Hier v. . StaplesNew York Court of Appeals · 1872