Legal Opinion

Farmers & Merchants Bank v. Frederiksen

Wisconsin Supreme Court

Decided April 5, 1921PublishedCited by 1 opinion

Appeal from a judgment of the circuit court for Ozaukee county: Martin L. Lukck, Circuit Judge. The defendants married in 1905. Prior thereto the appellant had owned and conducted a furniture store, ■ and shortly afterwards the appellant sold the same to the defendant J. G. Frederiksen, and he agreed to pay her therefor the inventory price of about $2,800. Pie carried on the same, greatly enlarged it, and also built a homestead for the family.

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Appeal from a judgment of the circuit court for Ozaukee county: Martin L. Lukck, Circuit Judge. The defendants married in 1905. Prior thereto the appellant had owned and conducted a furniture store, ■ and shortly afterwards the appellant sold the same to the defendant J. G. Frederiksen, and he agreed to pay her therefor the inventory price of about $2,800. Pie carried on the same, greatly enlarged it, and also built a homestead for the family. At different times between October 2, 1907, and April, 1913, the appellant loaned to her husband over $20,000, all of which he agreed to repay to her.…

1Opinion of the Court

EscnWeiijír, J.

This being an action at law to recover upon promissory nptes signed by the appellant, a married woman, she is entitled to successfully assert her common-law inability by reason of her coverture to make a binding promise to pay money unless and except the circumstances in this case are such as to bring her within the intent and meaning of the enabling statutes and particularly sec. 2345, Stats. This latter is to the effect that every married woman may sue in her own name and have all the remedies of an unmarried woman in regard to her separate property, business, and earnings,…

2Cases cited8 opinions

  1. Russel v. People's Savings BankMichigan Supreme Court · 1878
  2. Doane v. Feather's EstateMichigan Supreme Court · 1899
  3. Mueller v. WieseWisconsin Supreme Court · 1897
  4. Detroit Chamber of Commerce v. GoodmanMichigan Supreme Court · 1896
  5. Ritter v. BrussWisconsin Supreme Court · 1902

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. First Wisconsin National Bank v. JahnWisconsin Supreme Court · 1922

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