Borst v. . Spelman
New York Court of Appeals
Appeal from the supreme court, where the action was assumpsit, brought by John B. Borst and Elizabeth his wife, against Jesse B. Spelman, and Alexander Fraser.
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Appeal from the supreme court, where the action was assumpsit, brought by John B. Borst and Elizabeth his wife, against Jesse B. Spelman, and Alexander Fraser. The case was tried before referees, before whom it was proved, on the part of the plaintiffs, that the plaintiff Elizabeth had been married to a former husband, L. E. Boot, deceased, in May, 1837; that before their marriage, articles of settlement were entered into between them, reciting that she was possessed of considerable personal estate, and vesting the same and every part thereof, in one William H. Munn, as her trustee, for her…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Where an obligation or contract is taken to the husband and wife, or to the wife alone, with the assent of the husband, the action survives to the wife, who is entitled to the proceeds, as against the heirs and personal representatives of the husband. This is the rule at law, at well as in equity, (Com. Dig. tit.Baron and Feme;…
2Cited by18 opinions
- Savage v. . O'NeilNew York Court of Appeals · 1871
- West v. McCulloughAppellate Division of the Supreme Court of the State of New York · 1908
- Mitchell v. FrederickCourt of Appeals of Maryland · 1934
- Rawson v. . Pennsylvania Railroad Co.New York Court of Appeals · 1872
- GarlandSupreme Judicial Court of Maine · 1927
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