51 N.Y. 21
Decided May 5, 1872
New York Court of Appeals · decided 1872-05-05
The action was brought for the specific performance of a contract between the plaintiff and defendant for the sale of a tavern stand and about an acre of land, situate at Wills-borough, Essex county. The defendant, by her answer, alleged her coverture, and that the premises were subject to mortgage incumbrances amounting to $3,000.
Good law ✅— No negative treatment on recordhow we know
Decided 1872-05-05
Cited by 13 later decisions — most recently November 1911
13 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The contract was not in the separate business of the defendant, a married woman; was not for the benefit of her separate estate, and was not expressly charged upon her separate estate. She did not have possession of the property, and had no benefit from it. It cannot, therefore, be enforced against her or her separate estate. Upon this ground alone I am for affirmance.
¶2All concur for affirmance, except HUNT, C., dissenting.