Yale v. . Dederer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. This action was brought to charge the separate estate of defendant, a married woman, with the payment of a joint and several promissory note made and executed by her and her husband. The case has been twice before in this court.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. This action was brought to charge the separate estate of defendant, a married woman, with the payment of a joint and several promissory note made and executed by her and her husband. The case has been twice before in this court. (See 18 B. Y., 265 ; 22 id., 450.) The court found in substance the following facts: That, in the month of February, 1852, the plaintiff sold and delivered to Bichólas…
1Opinion of the Court
Church, Ch. J.
This is the third time this case has been before the court. The first time it was decided that in order for a married woman to charge her separate estate with a debt not contracted for the benefit of her estate, it was necessary that there should be evidence of an intention thus to charge it, and that a note or other obligation was not sufficient evidence. (18 N. Y., 265.) On the next trial it was found that the defendant did intend to charge her separate estate, and this court held that when the obligation was in writing, such intention must be expressed in the instrument…
2Cases cited3 opinions
- Yale v. . DedererNew York Court of Appeals · 1858
- Yale v. . DedererNew York Court of Appeals · 1860
- Manhattan Brass & Manufacturing Co. v. ThompsonNew York Court of Appeals · 1874
3Cited by9 opinions
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Krouskop v. ShontzWisconsin Supreme Court · 1881
- Husted v. . MathesNew York Court of Appeals · 1879
- Hodges v. PriceSupreme Court of Florida · 1881
- Cartan, McCarthy & Co. v. DavidNevada Supreme Court · 1884
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