Yale v. . Dederer
New York Court of Appeals
Appeal from the Supreme Court. Action to obtain payment from the separate estate of a married woman, of the amount due upon a promissory note given by her husband for certain cows purchased by him, and which she joined him in signing. On the trial before one of the justices, without jury, it was proved that the plaintiff, when the appellant’s husband offered to buy the cows, distrusted his solvency, and required him to procure his wife to unite in a note for the payment.
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Appeal from the Supreme Court. Action to obtain payment from the separate estate of a married woman, of the amount due upon a promissory note given by her husband for certain cows purchased by him, and which she joined him in signing. On the trial before one of the justices, without jury, it was proved that the plaintiff, when the appellant’s husband offered to buy the cows, distrusted his solvency, and required him to procure his wife to unite in a note for the payment. This she did, and it was subsequently renewed by the note which was the foundation of this suit. At the time of signing it…
1Opinion of the CourtSelden, J.
The judge before whom this cause was last tried has found that the defendant, in giving the note upon which the action was founded, intended to charge her separate estate with its payment. In this respect only does the case, as now presented, differ from the same case when previously here (18 N. Y., 265). For, although the judge has also found, in his specification of facts, that she did charge her estate, yet this is a mere statement of the legal effect of the defendant’s acts, and would have found a more appropriate place among the conclusions of law, drawn by the judge from the facts…
2Cases cited1 opinion
- Yale v. . DedererNew York Court of Appeals · 1858
3Cited by76 opinions
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- Flaum v. Wallace Bros.Supreme Court of North Carolina · 1889
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Jones v. CrosthwaiteSupreme Court of Iowa · 1864
- Todd v. LeeWisconsin Supreme Court · 1862
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