Dreyfus v. Wolffe
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. This action was brought by Ered. Wolffe, against Mrs. -Emma Dreyfus, a married woman; was commenced on the '26th January, 1880; and was founded on the defendant’s promissory note for $182.30, which was dated the 18th April, 1879, and payable on the 1st October next after date, to the plaintiff’s order.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. This action was brought by Ered. Wolffe, against Mrs. -Emma Dreyfus, a married woman; was commenced on the '26th January, 1880; and was founded on the defendant’s promissory note for $182.30, which was dated the 18th April, 1879, and payable on the 1st October next after date, to the plaintiff’s order. The defendant pleaded the general issue, coverture, want of consideration, and the statute of frauds; ■and issue was joined on all of these pleas. On the trial, as appears from the bill of exceptions, the…
1Opinion of the CourtStone, J.
— The note sued on in this case was given as for a balance due from Mrs. Dreyfus to appellee, for money paid by the latter at the request of the former. Throughout the entire transaction, Mrs. Dreyfus was a married woman, but, by a decree of the Chancery Court, had been “ relieved of the disabilities of coverture, as to her statutory and other separate estates, so far as to invest her with the right to buy, sell, hold, convey and mortgage real and personal property, and to sue and be sued as a femme sole.” — Code of 1876, § 2731. She pleaded her coverture, in defense of the suit; *498and the…
2Cases cited4 opinions
- Lee v. TannenbaumSupreme Court of Alabama · 1878
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