Smith v. . Dunning
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiffs, entered upon a -verdict. ' This action was upon a promissory note, dated Jan'uary 2, 1863, signed by the defendant. The defence was that the defendant was a married woman when she gave the same, and that she gave it as surety for her husband.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiffs, entered upon a -verdict. ' This action was upon a promissory note, dated Jan'uary 2, 1863, signed by the defendant. The defence was that the defendant was a married woman when she gave the same, and that she gave it as surety for her husband. It appeared upon the trial that plaintiff’s intestate sold a span of horses, making the bargain with Daniel W. Dunning, defendant’s husband, and took in payment for them one yoke of oxen and this note. Defendant…
1Opinion of the Court
Earl, C.
This case was submitted to the jury under a proper charge from the judge who presided at the trial, and we must assume that the jury found all the facts which there was evidence tending to prove. It was proven by two witnesses that, within a few days after the note was given, the defendant claimed to own the horses purchased. She said to one of them, that, the oxen traded for the horses belonged to her; that she traded them for the horses, and gave her note for the boot money; that she got them for a team and wanted them to work, and did not' want to trade them off. It appeared also…
2Cases cited1 opinion
- Yale v. . DedererNew York Court of Appeals · 1858
3Cited by8 opinions
- Krouskop v. ShontzWisconsin Supreme Court · 1881
- Broome v. . TaylorNew York Court of Appeals · 1879
- Ritter v. BrussWisconsin Supreme Court · 1902
- Showman v. LeeMichigan Supreme Court · 1890
- Stovall v. AdairSupreme Court of Oklahoma · 1900
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