Mallory v. Vanderheyden
New York Court of Chancery
This was an appeal by the defendants from a decretal order of the vice chancellor of the third circuit, overruling the demurrer to the bill of the complainants.
Read the full summary
This was an appeal by the defendants from a decretal order of the vice chancellor of the third circuit, overruling the demurrer to the bill of the complainants. The object of the bill was to reach certain stocks standing in the name of Mrs. Yarn derheyden, for her sole and separate use, and other property held in the same manner, and which belonged to her before coverture; and to have it applied to the payment of a debt which she owed to the complainants at the time of her marriage ; her husband having been discharged from his debts under the bankrupt act. The following opinion was delivered…
1Opinion of the Court
The Chancellor.
Previous to the marriage of Mrs. Vanderheyden, all her estate was liable for the payment of this debt; whether it was held as separate estate or otherwise. And the question is whether it is equitable to permit her to hold that estate, in the events which have occurred, and to set her creditors at defiance.
*22The liability of l,he husband, for the debt of the wife, and td be sued jointly with her in an action at law for the recovery of ibe same, is at an end by bis discharge under the bankrupt act. (Miles v. Williams, 10 Mod. Rep. 160, 243; 1 Peera Wms. Rep. 249, S. C.) And no suit…
2Cited by4 opinions
- Wallace v. HarrisMichigan Supreme Court · 1875
- Kent v. CurtisMissouri Court of Appeals · 1877
- Town of Corinth v. LockeSupreme Court of Vermont · 1890
- Fitzgerald v. QuannNew York Supreme Court · 1884