Legal Opinion

Curtis v. Engel

New York Court of Chancery

Decided January 10, 1845PublishedCited by 4 opinions

The bill was filed by the complainants in behalf of themselves and all other creditors of Amanda A. Engel, formerly Mrs. A. A. Mott, against her with her husband, Adolph J. Engel, and James Donaldson and John Cook, who were respectively trustees of her separate estate ; to charge upon the latter, certain debts incurred for supplies furnished to a millinery establishment which she conducted in the city of New York. Messrs.

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The bill was filed by the complainants in behalf of themselves and all other creditors of Amanda A. Engel, formerly Mrs. A. A. Mott, against her with her husband, Adolph J. Engel, and James Donaldson and John Cook, who were respectively trustees of her separate estate ; to charge upon the latter, certain debts incurred for supplies furnished to a millinery establishment which she conducted in the city of New York. Messrs. Donaldson and Cook were her trustees under the will of her grandmother. Mr. Cook was her trustee under a marriage settlement, executed on the eve of her marriage with Engel,…

1Opinion of the Court

The Assistant Vice-Chancellor.

The complainants proceed against the separate estate of Mrs. Engel, without showing any charge or appointment made in pursuance of the deeds of settlement.

Therefore in order to sustain their suit, they must show, that the debt was contracted, either for the benefit of her separate estate, or for her own benefit upon the credit of the separate estate. (North American Coal Company v. Dyett, 7 Paige, 9 ; S. C. on appeal, 20 Wend. 570.)

Whatever may have been the expressions of judges on the subject, this is the utmost extent to which the doctrine has been carried by…

2Cases cited4 opinions

  1. Lancaster v. DolanSupreme Court of Pennsylvania · 1829
  2. North American Coal Co. v. DyettNew York Court of Chancery · 1837
  3. Dyett v. North American Coal Co.New York Supreme Court · 1838
  4. Hallett v. ThompsonNew York Court of Chancery · 1836

3Cited by4 opinions

  1. Todd v. LeeWisconsin Supreme Court · 1862
  2. Dickerman v. AbrahamsNew York Supreme Court · 1854
  3. Conlin v. CantrellNew York Court of Common Pleas · 1875
  4. Levi v. EarlOhio Supreme Court · 1876

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