Jaeckel v. Pease
Idaho Supreme Court
APPEAL from District Court, Kootenai County The appellant, Mary A. Pease, contends that no judgment should have been rendered against her upon said promissory note in said suit; citing the case of Derriham v. Rowley, decided by the supreme court of the state of Idaho, on the 9th of April, 1896, and reported in 4 Idaho, 753, 44 Pae. 643 (14 Am. & Eng.
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APPEAL from District Court, Kootenai County The appellant, Mary A. Pease, contends that no judgment should have been rendered against her upon said promissory note in said suit; citing the case of Derriham v. Rowley, decided by the supreme court of the state of Idaho, on the 9th of April, 1896, and reported in 4 Idaho, 753, 44 Pae. 643 (14 Am. & Eng. Ency. of Law, 604-621), in which it is held by this court that a married woman has no power in this state to bind herself by a promissory note such as the one described in the complaint herein, unless the debt evidenced thereby was contracted by…
1Opinion of the CourtQuarles, J.
— George H. Pease and his wife, Mary A. Pease, executed, October 15, 1891, their certain promissory note for the sum of $909.35 to Dr. Charles F. Mussigbrod, payable one year after date and executed a mortgage to said payee, on community property occupied by said mortgagors as a residence, to secure the payment of said note. Said Mussigbrod died, and his executors assigned the said note and mortgage to plaintiff, who commenced this action on October 6, 1897, to foreclose the said mortgage. The defense against the foreclosure of said mortgage is based on the idea that the certificate of…
2Cases cited2 opinions
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3Cited by25 opinions
- Young v. VailNew Mexico Supreme Court · 1924
- Bank of Commerce, Ltd. v. BaldwinIdaho Supreme Court · 1906
- Dover Lumber Co. v. CaseIdaho Supreme Court · 1918
- Burke Land & Livestock Co. v. Wells, Fargo & Co.Idaho Supreme Court · 1900
- Williams v. PaxtonIdaho Supreme Court · 1977
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