Phillips v. Hagadon
New York Supreme Court
The complaint in this case states, th'at the defendants are husband and wife; that they executed their promissory note, payable to the plaintiffs, for the sum of $480,25, sixty days after dale; that the note was given for.goods, wares and merchandise, purchased of the plaintiffs by the defendant, Isabella, the wife of David Hagadon, the other defendant; who was doing business in her own name, and on her own account, apart from her husband; and that she executed the note with…
Read the full summary
The complaint in this case states, th'at the defendants are husband and wife; that they executed their promissory note, payable to the plaintiffs, for the sum of $480,25, sixty days after dale; that the note was given for.goods, wares and merchandise, purchased of the plaintiffs by the defendant, Isabella, the wife of David Hagadon, the other defendant; who was doing business in her own name, and on her own account, apart from her husband; and that she executed the note with the consent and approbation of her husband. It then concludes by demanding judgment against both defendants. The…
1Opinion of the Court
Dean, Justice.
The -credit given by the plaintiffs to the defendant, Isabella Hagadon, and the action founded thereon, is one of the legitimate consequences of the insanity of that modern legislation which has sought to make a married woman a single female. It is, however, time for business men, and the profession, to understand, that a marrie'd woman is not bound by an executory contract, and that her note is now, as heretofore, absolutely void.
I regret that the demurrer in this case is not in such a form that a final judgment can be given upon it, which would settle the rights of the…
2Cited by4 opinions
- May v. JonesSupreme Court of Georgia · 1891
- Evans v. Fall River CountySouth Dakota Supreme Court · 1896
- Mildenberg v. JamesNew York Supreme Court · 1900
- Knickerbacker v. SmithNew York Supreme Court · 1862