Schmitt v. Costa
New York Supreme Court
Appeal from a judgment of a district court. This action was brought in the district court of the city of New York for the sixth district, by Charles C. Schmitt against Charlotte Costa, for $56 claimed-as balance due upon the sale of a sofa, by the plaintiff to the defendant.
Read the full summary
Appeal from a judgment of a district court. This action was brought in the district court of the city of New York for the sixth district, by Charles C. Schmitt against Charlotte Costa, for $56 claimed-as balance due upon the sale of a sofa, by the plaintiff to the defendant. The defence was that defendant was a married woman ; and that the statutes relative to married women did not authorize a personal action against her, inasmuch as she carried on no business, and ■owned no separate estate. Upon this ground the justice rendered judgment for defendant, from which the plaintiff now appealed.
1Opinion of the Court
By the Court.—Cardozo, J.
The plaintiff seeks to make the defendant, who is a married woman, not carrying on any trade or business, and not having any separate estate of her own, liable for some household furniture,which he sold and delivered to her. So far as this claim rests upon the statutes of this States respecting married women, I think it cannot be supported. It was not pretended on the argument but that down to the passage of the act of 1862 (Session Laws, 1862, 343), the authorities were against the defendant’s liability. (Barton v. Beer, 21 How. Pr., 309; Brown v. Herman, 14 Abb.…
2Cases cited3 opinions
- Gregory v. PaulMassachusetts Supreme Judicial Court · 1818
- Barton v. BeerNew York Supreme Court · 1861
- Brown v. HermannNew York Supreme Court · 1862