Ainsley v. Mead
New York Supreme Court
This was an appeal taken by the defendant from a judgment entered upon the report of a referee. The complaint was for work, labor and services which the plaintiff claimed to have performed, and material which he claimed to have furnished for the defendant, a married woman, upon her separate real estate, while she was residing in this State, and it averred that the defendant had sold the f property and had removed to the State of Indiana, where she resided at the commencement…
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This was an appeal taken by the defendant from a judgment entered upon the report of a referee. The complaint was for work, labor and services which the plaintiff claimed to have performed, and material which he claimed to have furnished for the defendant, a married woman, upon her separate real estate, while she was residing in this State, and it averred that the defendant had sold the f property and had removed to the State of Indiana, where she resided at the commencement of the action, and owned in her own right, as separate estate, other real property, and it demanded judgment for the…
1Opinion of the Court
By the Court —
Mullet, P. J.
Before the passage of chap ter 90 of the Laws of 1860, entitled “An act concerning the rights and liabilities of husband and wife,” an action at law could not be maintained against, a married woman upon any contract whatever; courts of equity had power to enforce against the estates of married women contracts entered into by them in relation thereto.
By section 2 of chapter 90 of the Laws of 1860, married women were authorized to bargain, sell, assign and 'transfer *120their separate property, and to carry on any trade or business and perform any labor or services, and…
2Cases cited7 opinions
- Sinnot v. DavenportSupreme Court of the United States · 1859
- Sutphen v. FowlerNew York Court of Chancery · 1841
- Geer v. ArcherNew York Supreme Court · 1848
- Colvin v. CurrierNew York Supreme Court · 1856
- Ingraham v. GilbertNew York Supreme Court · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Husted v. . MathesNew York Court of Appeals · 1879
- Valentine v. ApplebeeNew York Supreme Court · 1895
- Foster v. CongerNew York Supreme Court · 1871
- Norton v. NortonNew York Supreme Court · 1888
- Myers v. DeanNew York Court of Common Pleas · 1895
3 more not listed; retrieve them via the Exa API.