Kent v. Rand
Supreme Court of New Hampshire
Assumpsit, for money had and received by the defendant’s intestate, Mary Snow, to the plaintiff’s use. Facts found by a referee. In the summer of 1855 Mary Snow, being then a married woman, borrowed from the plaintiff $275 for the use of her husband in his own business. At that time she had title by deed from her father of his homestead in Rochester, of which her father held a life lease from her.
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Assumpsit, for money had and received by the defendant’s intestate, Mary Snow, to the plaintiff’s use. Facts found by a referee. In the summer of 1855 Mary Snow, being then a married woman, borrowed from the plaintiff $275 for the use of her husband in his own business. At that time she had title by deed from her father of his homestead in Rochester, of which her father held a life lease from her. Her husband died in 185‘8, her father in 1859, and her mother in 1860. The referee also found facts which, it was claimed, showed promises by Mary Snow to pay the debt, made on several occasions…
1Opinion of the CourtSmith, J.
When the defendant’s intestate borrowed the sum of $275 of the plaintiff in 1855, she was a married woman. The money was borrowed for tbe use of her husband in his business, and there is no evidence that it was otherwise used or applied. She had, at the time of the loan, title by deed to her father’s homestead in Rochester, subject to her lease to him for the term of his It does not appear that' she held this property to her sole and separate use, or that .the promise made, by her to the plaintiff was in respect to her separate property. Her common-law disability, therefore, rendered her…
2Cases cited6 opinions
- Cook v. BradleySupreme Court of Connecticut · 1828
- Parker v. CarterSupreme Court of Virginia · 1814
- Frear v. HardenberghNew York Supreme Court · 1810
- Smith v. WareNew York Supreme Court · 1816
- Watkins v. HalsteadThe Superior Court of New York City · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Lipsmeier v. VehslageU.S. Circuit Court for the District of Eastern Missouri · 1886
- White Mountain National Bank v. MalloySupreme Court of New Hampshire · 1944