Yale v. Dederer
New York Supreme Court
APPEAL, by Eliza Ann Dederer, from a judgment entered at a special term, after the second trial of the case. The first trial is reported in 21 Barb. 286. The judgment there ordered was affirmed at a general term, but reversed in the court of appeals, (18 N. 7. Rep. 265.) The action was brought to charge the separate estate of Eliza Ann Dederer, the wife of Nicholas A. Dederer, with the payment of a promissory note, in the words and figures following : “ f998. On the first…
Read the full summary
APPEAL, by Eliza Ann Dederer, from a judgment entered at a special term, after the second trial of the case. The first trial is reported in 21 Barb. 286. The judgment there ordered was affirmed at a general term, but reversed in the court of appeals, (18 N. 7. Rep. 265.) The action was brought to charge the separate estate of Eliza Ann Dederer, the wife of Nicholas A. Dederer, with the payment of a promissory note, in the words and figures following : “ f998. On the first day of May next, we, or either of us, promise to pay Bansom Yale or bearer, nine hundred and ninety-eight dollars, with…
1Opinion of the CourtMason, J.
When this case went to the court of appeals before, there was no evidence, in the case, of an intent on the part of Mrs. Dederer to charge her separate estate with the payment of this debt of the plaintiff, except the bare fact that she signed the note with her husband as surety for him. In short, there was no evidence of an intent to charge her separate estate with the payment of the debt, except what equity would infer from the act of signing. I held, on the first trial, that the fact that she signed the note as surety for her husband furnished of itself evidence of an intent to charge her…
2Cases cited1 opinion
- Yale v. DedererNew York Supreme Court · 1855
3Cited by3 opinions
- Deering v. BoyleSupreme Court of Kansas · 1871
- Blumer v. Pollak & Co.Supreme Court of Florida · 1882
- Knickerbacker v. SmithNew York Supreme Court · 1862