Wotkyns v. Abrahams
New York Supreme Court
Motion to set aside proceedings, &c. On the 6th day of April, 1853, the defendant Abrahams and his wife signed a statement in writing for the purpose of confessing judgment thereon, whereby they acknowledged themselves to be indebted to the plaintiff in the sum of $1,175.47. It was stated that the indebtedness arose upon four notes of hand which had been given to the plaintiff for money had and received from the bank of which the plaintiff was president.
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Motion to set aside proceedings, &c. On the 6th day of April, 1853, the defendant Abrahams and his wife signed a statement in writing for the purpose of confessing judgment thereon, whereby they acknowledged themselves to be indebted to the plaintiff in the sum of $1,175.47. It was stated that the indebtedness arose upon four notes of hand which had been given to the plaintiff for money had and received from the bank of which the plaintiff was president. The statement was verified by the oath of both defendants. Upon this statement a judgment, as upon confession, was entered the next day, and…
1Opinion of the Court
Harris, Justice.
The proceedings in this case have been illegal from the beginning. The notes upon which the judgment was confessed, as contracts for the payment of money, were void. No action at law could be maintained upon them against Mrs. Abrahams. (Phillips agt. Hagadon, 12 How. 17; Chapman agt. Lemon, 11 id. 235; Cobine agt. St. John, 12 id. 333.) In a proper case, the court, in the exercise of its equitable jurisdiction may charge the separate property of the wife with the payment of a debt, but a judgment is never rendered .against a married woman, personally.
The notes being void, as…
2Cases cited1 opinion
- Binns v. LawrenceSupreme Court of the United States · 1852
3Cited by3 opinions
- Roraback v. StebbinsNew York Court of Appeals · 1866
- Lee Bank v. SatterleeThe Superior Court of New York City · 1863
- Baldwin v. KimmelThe Superior Court of New York City · 1863