A Digest of New York Reports Volume 5; From 1872 to 1876; Containing the Decisions of All the Courts of the State, Published During That Period. with References to the Statutes. Being the Second Supplement to Clinton & Wait's Digest of New York Reports (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877 Excerpt: ...N. Y. (8 Sick.) 422; Rev'g S. C, 38 N. T. Supr. (1J. & Sp.) 499. 76. A note given by her in such business is valid, although it does not expressly declare her intention to charge her separate estate. lb. 77. Boating. A married woman having a separate estate, may build or purchase and own a boat, and carry on the business of boating on her separate account, as well as any other business, there being nothing in the statute to prevent her doing so. Sup. Ct., 1869, Whedon v. Champlin, 59 Barb. 61. 78. In such business she may employ her husband as master or captain, and creditors cannot prevent his giving his labor to his wife for his board, washing and clothing; though, after he lias acquired property by his labor, if he invests it in the name of his wife, or expends it to enhance the value of her property, a resulting trust may arise in favor of his creditors in respect thereto. lb. 79. Husband as agent. A married woman may carry on a business on her sole and separate account, and may employ her husband as her agent therein; and the fact that his services are rendered gratuitously does not impair her title to the property purchased for and employed in such business, or give his creditors any claim thereon. Com. App., 1871, Abbey v. Deyo, 44 N. Y. (6 Hand, ) 843. 80. The husband, in acting as agent for his wife, is governed by no different rule from that which the law prescribes for the observance of any agent; and no written order from her to pay out sums of money on her account is necessary. N. Y. Supr. Ct, 1869, Southwick v. Southwick, 2 Sweeny, 284. 81. A married woman, owning separate estte, who, after her husband had purchased goods in her name, but without her knowledge or authority, gave her own note therefor, secured by a chattel mortgage of such g..