Mathewson v. Mathewson
Supreme Court of Connecticut
Action by a wife against her husband to recover the amount of a promissory note given by him to her, brought to the Superior Court in Hartford County where the defendant filed a plea in abatement upon the ground of coverture, to which the plaintiff demurred; the court, Reed, J., overruled the demurrer, whereupon the plaintiff answered, alleging a marriage between the parties subsequent to April 20th, 1877; a demurrer to this answer was sustained (Ralph Wheeler, J.') and…
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Action by a wife against her husband to recover the amount of a promissory note given by him to her, brought to the Superior Court in Hartford County where the defendant filed a plea in abatement upon the ground of coverture, to which the plaintiff demurred; the court, Reed, J., overruled the demurrer, whereupon the plaintiff answered, alleging a marriage between the parties subsequent to April 20th, 1877; a demurrer to this answer was sustained (Ralph Wheeler, J.') and judgment rendered for the defendant, from which the plaintiff appealed.
1Opinion of the CourtHamersley, J.
The plaintiff alleges that the defendant, for a valuable consideration, promised to pay her upon her demand a certain sum of money. The defendant, by his demurrer to the plaintiff’s answer to the defendant’s plea in abatement, in effect admits, for the purpose of determining the question of law in issue, that he did promise as alleged in the complaint, but claims that the plaintiff cannot maintain this action against him for the enforcement of that promise. It goes without saying, that if the parties had the right to make .this contract, the plaintiff can sue the defendant for its breach…
2Cases cited33 opinions
- Foot v. CardSupreme Court of Connecticut · 1889
- Baxter v. CampSupreme Court of Connecticut · 1898
- Hamilton v. HamiltonIllinois Supreme Court · 1878
- Wood v. . WoodNew York Court of Appeals · 1881
- Snell v. SnellIllinois Supreme Court · 1888
28 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Marri v. Stamford Street Railroad Co.Supreme Court of Connecticut · 1911
- Brown v. BrownSupreme Court of Connecticut · 1914
- Schleicher v. SchleicherSupreme Court of Connecticut · 1935
- Courtney v. CourtneySupreme Court of Oklahoma · 1938
- Heyman v. HeymanCourt of Appeals of Georgia · 1917
14 more not listed; retrieve them via the Exa API.