LOWEREE against BABCOCK

LOWEREE against BABCOCK. Supreme Court, Third District; General Term, September, 1867. Action to charge Separate Estate.—Bona Fide Holder of Married Woman’s Indorsement. The principle asserted in the preceding case, that an action at law, seeking an ordinary pecuniary judgment, is not maintainable against a married woman upon an indorsement of her husband’s paper, without consideration or benefit to her separate estate, is applicable, though the plaintiff be a bona fide holder, for value, of the paper so indorsed. Appeal from a judgment. This action was brought by Arthur H. Loweree against Armina Babcock, upon a note similar to that described in the preceding casé of Com Exchange Insurance Company against the same defendants. The defendant Armina Babcock appealed from the judgment which was obtained on the report of a referee in favor of the plaintiff, against Stephen E. Babcock, Edward Babcock and Armina Babcock, upon a promissory note for seven hundred dollars, made by Stephen E. Babcock, and indorsed by Edward Babcock and Armina Babcock. R. A. Parmenter, for the plaintiff, respondent. J. A. Millard, for the defendant, appellant. [MAJORITY — By the Court.—Hogeboom, J.] By the Court.—Hogeboom, J. I perceive no difference in this case from that of the Corn Exchange Insurance Company against tlie same defendants, just described, except that in this case the plaintiff is a bona fide holder for value, and there was no amendment of the complaint charging the ownership "by her of a separate estate, and the intent to charge the same by her indorsement; but proof of such ownership of real estate was introduced without objection. I see nothing in these facts which should vary the conclusion from that which was arrived at in that case, and I am accordingly of the opinion that the judgment in this case should be reversed, and a new trial granted, with costs to abide the event. Order accordingly.