Roach v. Quick
New York Supreme Court
Demukeee to plea. To a declaration for goods sold and delivered to the wife whilst sole, the defendants jointly pleaded that at the time of the commencement of the suit, the husband was an infant within the age of 21 years, to wit, &c.; to which plea the plaintiffs demurred. An infant is competent to enter into the marriage contract. By the intermarriage in this case, the husband became entitled to the personal property of the wife, and might reduce it to possession.
Read the full summary
Demukeee to plea. To a declaration for goods sold and delivered to the wife whilst sole, the defendants jointly pleaded that at the time of the commencement of the suit, the husband was an infant within the age of 21 years, to wit, &c.; to which plea the plaintiffs demurred. An infant is competent to enter into the marriage contract. By the intermarriage in this case, the husband became entitled to the personal property of the wife, and might reduce it to possession. Such being the necessary consequence of the marriage which he has capacity to contract, the law will not permit him to allege…
1Opinion of the Court
By the Court,
Nelson, J.
As an incident to the marriage contract which an infant is competent to enter into, he is liable to pay the debts of his wife contracted by her before marriage. Prior to her marriage, the wife was responsible for such debts, and unless the liability to pay them attached to the husband, her creditors would be remediless, as she cannot be sued alone, separate from her husband; and if she could, a judgment against her would be' fruitless, as all her estate is absolutely or qualifiedly vested in her husband. Reeve’s Dom. Rel. 234. Barnes, 95. The plea in this case therefore…
2Cited by2 opinions
- Solomon v. WaasNew York Court of Common Pleas · 1858
- Butler v. BreckMassachusetts Supreme Judicial Court · 1843