De Vries v. Conklin
Michigan Supreme Court
Error to Lenawee Circuit. This was an action of assumpsit brought by Charles A. Conklin in the Circuit Court for the County of Lenawee, against Peter De Tries and Charlotte De Tries upon a promissory note, signed by both defendants.
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Error to Lenawee Circuit. This was an action of assumpsit brought by Charles A. Conklin in the Circuit Court for the County of Lenawee, against Peter De Tries and Charlotte De Tries upon a promissory note, signed by both defendants. It appeared upon the trial, that Charlotte De Tries was the wife of the other defendant; that the note was voluntarily executed and that the sole consideration for it was the discontinuance of a suit in assumpsit then pending in a'justice court, between the plaintiff and Peter De Tries, one of the defendants. The court found for the plaintiff, for whom judgment…
1Opinion of the CourtCooley, J.
The question presented on the merits in this case' is, whether a married woman can be personally liable in this state on a promissory note which she has signed as surety for her husband, and where the "sole consideration was the pre-existing debt of the husband.
Our statute has deprived the husband of those rights in the-property of the wife which the common law conferred upon him, and has declared that her real and personal estate which she has at the tiihe of her marriage, or which she may thereafter acquire, shall be and remain hers, and may be contracted, sold, transferred, mortgaged,…
2Cases cited2 opinions
- Burdeno v. AmperseMichigan Supreme Court · 1866
- Watson v. ThurberMichigan Supreme Court · 1863
3Cited by26 opinions
- Pippen v. . WessonSupreme Court of North Carolina · 1876
- Artman v. FergusonMichigan Supreme Court · 1888
- West v. LarawayMichigan Supreme Court · 1874
- Kitchell v. MudgettMichigan Supreme Court · 1877
- Russel v. People's Savings BankMichigan Supreme Court · 1878
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