Cobine v. St. John
New York Supreme Court
Demurrer to the complaint. This action was brought upon a promissory note, set out in the complaint as follows:— “ Walton, JYew Road, Sept. 13, 1854. “ Six months from date, I promise to pay George W. Cobine fifty-eight dollars, with use. [Signed] “ Cynthia St. John.” The complaint showed that the defendant Cynthia St. John was the wife of the defendant Peter St. John at the time she executed the note.
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Demurrer to the complaint. This action was brought upon a promissory note, set out in the complaint as follows:— “ Walton, JYew Road, Sept. 13, 1854. “ Six months from date, I promise to pay George W. Cobine fifty-eight dollars, with use. [Signed] “ Cynthia St. John.” The complaint showed that the defendant Cynthia St. John was the wife of the defendant Peter St. John at the time she executed the note. The demand for judgment in the complaint was as follows—to wit: “ The plaintiff demands judgment for the sum of fifty-eight dollars, with interest from the 13th day of September, 1854, and…
1Opinion of the Court
Balcom, Justice.
No action at law could be maintained on the promissory note of a married woman prior to the statutes of 1848 and 1849, “for the more effectual protection of the property of married women.” When married women gave their promissory notes, for the benefit of their separate estates, or for their own benefit upon the credit of such estates, suits in equity were sustained, to make such notes a charge upon their separate estates; and such estates were appropriated by the court to the payment thereof. But the court did not make personal decrees against married women for the payment of…
2Cases cited5 opinions
- North American Coal Co. v. DyettNew York Court of Chancery · 1837
- Gardner v. GardnerCourt for the Trial of Impeachments and Correction of Errors · 1839
- Dyett v. North American Coal Co.New York Supreme Court · 1838
- Vansteenburgh v. HoffmanNew York Supreme Court · 1853
- Douw v. SheldenNew York Court of Chancery · 1831
3Cited by6 opinions
- Green v. Hudson River RailroadNew York Court of Appeals · 1866
- Marsh v. BensonNew York Supreme Court · 1860
- Goodall v. M'AdamThe Superior Court of New York City · 1857
- Sarsfield v. Van VaughnerNew York Supreme Court · 1862
- Knickerbacker v. SmithNew York Supreme Court · 1862
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