Legal Opinion

Smith v. Allen

New York Supreme Court

Decided June 15, 1869PublishedCited by 6 opinions

Complaint, on a promissory note made by the defendant, during coverture, for the price of merchandise purchased by her, with an allegation that the defendant had, after hei husband’s death, “ in consideration of the moral obligation resting upon her,” promised to pay said debt and note.

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Complaint, on a promissory note made by the defendant, during coverture, for the price of merchandise purchased by her, with an allegation that the defendant had, after hei husband’s death, “ in consideration of the moral obligation resting upon her,” promised to pay said debt and note. The answer admits a separate estate, alleges coverture, and negatives the usual circumstances under which a married woman’s promise to pay can be enforced; and alleges that she gave the-note at the request of the plaintiff, J. W. Smith, on his promise that he would never trouble her. . Qne of the plaintiffs…

1Opinion of the Court

Present — E. D. Smith, Dwight and Johnson, JJ.

By the Court

Johnson, J.

After a careful examination of the testimony in this case, and of the pleadings, I am *104clearly of the opinion, that the judge at the trial, should, after the close of the testimony, have nonsuited the plaintiffs, or ordered a verdict in the defendant’s favor, as requested by her counsel. The note in question was made up of two items, one, and by far the largest portion, was a promissory note, held by the plaintiffs, on which there was due $78.61; and the balance was the amount of an account composed of various items of…

2Cited by6 opinions

  1. Kegney v. OvensNew York Supreme Court · 1888
  2. Winkler v. SchlagerNew York Supreme Court · 1892
  3. Wilson v. HerbertSupreme Court of New Jersey · 1879
  4. Baken v. HarderNew York Supreme Court · 1875
  5. Covert v. HughesNew York Supreme Court · 1876

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