Roach v. Quick

Decided October 15, 1832

New York Supreme Court · decided 1832-10-15

Demukeee to plea. To a declaration for goods sold and delivered to the wife whilst sole, the defendants jointly pleaded that at the time of the commencement of the suit, the husband was an infant within the age of 21 years, to wit, &c.; to which plea the plaintiffs demurred. An infant is competent to enter into the marriage contract. By the intermarriage in this case, the husband became entitled to the personal property of the wife, and might reduce it to possession.

Cited by 3 later decisions — most recently December 1858

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1832-10-15

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¶1By the Court,

Nelson, J.

¶2As an incident to the marriage contract which an infant is competent to enter into, he is liable to pay the debts of his wife contracted by her before marriage. Prior to her marriage, the wife was responsible for such debts, and unless the liability to pay them attached to the husband, her creditors would be remediless, as she cannot be sued alone, separate from her husband; and if she could, a judgment against her would be' fruitless, as all her estate is absolutely or qualifiedly vested in her husband. Reeve’s Dom. Rel. 234. Barnes, 95. The plea in this case therefore is bad, and the plaintiffs are entitled to judgment the defendants have leave to amend, on payment of costs.