18 How. Pr. 371 | New York Court of Common Pleas | 1859
The defendant rented to the plain
In this case the defendant is not charged with any debt contracted with reference to her business, or for the benefit of her estate. It is for damages occasioned by the violation of a contract granting th; use cf a thing attached to a freehold, and the claim does not preS3nt am- cf the elements necessary to obtain relief against the estate of the defendant, if the action'had been brought for that purpose. I have not been able to find any case in this state where, under circumstances like those disclosed here, a married woman has been held liable sued alone, and I think he judgment of the justice cannot be sustained on precedent or authority. If a contract be made with, a married woman, the contracting party takes it subject to the legal disabilities, and must rely either upon her separate estate and the facts necessary to charge it, or the liability of the husband,, founded upon his supposed assent.
Judgment reversed.