Brice v. Miller
Supreme Court of South Carolina
Action by Calvin Brice & Co. against Elizabeth Miller. The charge to the jury was as follows: This action is founded upon two notes; notes which the defendant here, Mrs. Elizabeth Miller, does not deny that she made. She made those notes, together with the mortgages of which they are a part, and delivered them to Brice & Co., who are the plaintiffs here.
Read the full summary
Action by Calvin Brice & Co. against Elizabeth Miller. The charge to the jury was as follows: This action is founded upon two notes; notes which the defendant here, Mrs. Elizabeth Miller, does not deny that she made. She made those notes, together with the mortgages of which they are a part, and delivered them to Brice & Co., who are the plaintiffs here. In the case of a man, that would be the end of it; but in the case of a married woman, it is necessary to go further than that, because a married woman has but a limited power to contract. A married woman may make many notes without being…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice McIver.
This is an action on two notes alleged to have been made by the defendant in favor of the plaintiffs, and the complaint is .in the ordinary form appropriate to such an action. The only defence was, that defendant is, and was at the time of the execution.of the notes, a married woman, and was, therefore, incapable of making the contract evidenced thereby. To meet this defence, the plaintiffs undertook to show that the contracts sued upon were contracts as to the separate estate of the defendant, by offering testimony tending to…
2Cited by12 opinions
- State v. BixbyWashington Supreme Court · 1947
- Dawson v. United StatesCourt of Appeals for the Ninth Circuit · 1926
- Matheson v. American Telephone & Telegraph Co.Supreme Court of South Carolina · 1926
- Holden v. CantrellSupreme Court of South Carolina · 1915
- Marshall v. Columbia & Eau Claire Electric Street Ry. Co.Supreme Court of South Carolina · 1906
7 more not listed; retrieve them via the Exa API.