Goulding v. Davidson
New York Supreme Court
THIS action was brought upon three promissoiy notes, made by the defendant during her coverture, and also for a balance due upon an account, for merchandise sold to her during her coverture, The complaint alleged that the promissory notes were for goods sold and delivered to defendant at her request) “and g'olely on her credit and responsibility, she being thén a trader doing business in her own name, and for her own personal benefit and advantage, she holding herself out to…
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THIS action was brought upon three promissoiy notes, made by the defendant during her coverture, and also for a balance due upon an account, for merchandise sold to her during her coverture, The complaint alleged that the promissory notes were for goods sold and delivered to defendant at her request) “and g'olely on her credit and responsibility, she being thén a trader doing business in her own name, and for her own personal benefit and advantage, she holding herself out to be an unmarried woman;” that she now alleges that she was then married, but that after the sale, &c., and after the…
1Opinion of the Court
By the Court, Clerke, J.
The counsel for the plaintiff contends, because the complaint contains six distinct counts, in each of which a separate contract or indebtedness is alleged, without an allusion, in any separate count, to the coverture of the defendant, that the demurrer should have been overruled. But, subjoined to the last count, it is expressly stated “that after the sale and delivery of the said goods and after the making of the said notes, and all the said contracts named, and on or about the 1st September, 1854, her said alleged husband died; and she has not since intermarried.”…
2Cited by2 opinions
- Spear v. DowningNew York Supreme Court · 1861
- O'Hara v. RobinsonNew York Supreme Court · 1892