Bishop v. Bourgeois
New Jersey Court of Chancery
The bill in this case is filed by Dan Bishop, the holder of a promissory note made by the defendant, Anna Estelle Bourgeois, the wife of one Anderson Bourgeois. The following is a copy of the note: “$1,000. Estellville, June 26,188 “ Two years after date I promise to pay Anderson Bourgeois or order one thousand dollars for value received, without defalcation or discount, with interest. . “A. Estelle Bouegeois.”
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The bill in this case is filed by Dan Bishop, the holder of a promissory note made by the defendant, Anna Estelle Bourgeois, the wife of one Anderson Bourgeois. The following is a copy of the note: “$1,000. Estellville, June 26,188 “ Two years after date I promise to pay Anderson Bourgeois or order one thousand dollars for value received, without defalcation or discount, with interest. . “A. Estelle Bouegeois.” The circumstances under which this note was made and came to the hands of the complainant, Bishop, are somewhat disputed, but by the weight of the evidence they appear to be as…
1Opinion of the Court
Grey, V. C.
The complainant filed his bill in this court to enforce the payment of Mrs. Bourgeois’ note, alleging that as that contract, *420which he holds, is on its face an agreement between husband ánd wife, he can have no standing in a court of law to enforce it. He has undoubtedly selected the proper forum in which to present his claim. Rahway Bank v. Brewster, 20 Vr. 231.
The general rule that the contracts of a married woman are void at common law is practically undisputed.. One of the ele-, mentary principles on which this rule is founded is that the wife is presumed to be in the power of…
2Cases cited2 opinions
- Noel v. . KinneyNew York Court of Appeals · 1887
- Todd v. BaileySupreme Court of New Jersey · 1895
3Cited by8 opinions
- Lundy v. Southern Bell Telephone & Telegraph Co.Supreme Court of South Carolina · 1911
- Bishop v. Groton Savings BankSupreme Court of Connecticut · 1921
- Parsons v. Charleston Consolidated Ry., Gas & Electric Co.Supreme Court of South Carolina · 1904
- City of Durant v. AllenSupreme Court of Oklahoma · 1917
- Lehman v. O'MalleyDistrict Court, D. Alaska · 2024
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