Baum v. . Mullen
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming judgment entered upon verdict in favor of plaintiffs, affirming . order denying motion for new trial. This action was brought to recover damages for alleged fraud in the sale of land. The representations claimed to be fraudulent were made by the husband of the defendant,'he acting as her agent in the sale of the premises, the title of which wras in her.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming judgment entered upon verdict in favor of plaintiffs, affirming . order denying motion for new trial. This action was brought to recover damages for alleged fraud in the sale of land. The representations claimed to be fraudulent were made by the husband of the defendant,'he acting as her agent in the sale of the premises, the title of which wras in her. At the close of the evidence, defendant’s counsel moved for dismissal of complaint, on the ground' that the action could not be…
1Opinion of the Court
Church, Ch. J.
The only question presented for our decision is whether the joinder of the husband with the wife is necessary in an action for fraud in a contract for the sale of the real estate of the latter made by the former as the agent of his wife We are of opinion that such joinder is not necessary. The statutes of 1860 and 1862 provide that “ the wife may sue and be sued in all matters having relation to her sole and separate property, the same as if she were sole,” and judgment may be enforced against her separate property as if she were sole. (Laws of 1862, p. 344.)
The counsel for the…
2Cases cited1 opinion
- Rowe v. . SmithNew York Court of Appeals · 1871
3Cited by20 opinions
- Mayhew v. BurnsIndiana Supreme Court · 1885
- Quilty v. . BattieNew York Court of Appeals · 1892
- Bodine v. . KilleenNew York Court of Appeals · 1873
- Christensen v. McCann Et Ux.Wyoming Supreme Court · 1929
- Prentiss v. PaisleySupreme Court of Florida · 1889
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