Wilson Sewing Machine Co. v. Fuller

New York Supreme Court

Wilson Sewing Machine Co. v. Fuller

60 How. Pr. 480

CourtNew York Supreme Court

DecidedFebruary 15, 1881

StatusPublished

Cited by1 cases

This text of 60 How. Pr. 480 (Wilson Sewing Machine Co. v. Fuller) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wilson Sewing Machine Co. v. Fuller, 60 How. Pr. 480 (N.Y. Super. Ct. 1881).

Pincite

Opinion

Lawrence, J.

There must be a dismissal of the complaint as against the defendant Frances L. Fuller. If she had no separate estate at the time of the execution of the bond, she was not competent to enter into the contract which the bond contains.

In the language of Boabdmah, J., in Baker agt. Lamb (11 Hun, 522), “ a married woman cannot give herself a legal capacity to contract by falsely representing that she has such capacity.”

I do not regard the case of Cashman agt. Henry as in conflict with the views expressed in Baker agt. Lamb.

Judgment is, therefore, granted, dismissing the complaint as to the defendant Frances L. Fuller.

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