Legal Opinion

Harter v. Holman

Wisconsin Supreme Court

Decided February 18, 1913PublishedCited by 3 opinions

Appeal from a judgment of the circuit court for Wauke-sha county: MartiN L. Luece, Circuit Judge.

1Opinion of the CourtWiNSLOw, C. J.

We find but one question in this case serious enough to require treatment, and that question may be stated as follows: When a married woman delivers to her husband money belonging to her separate estate with no agree*464ment of any kind as to the repayment thereof, is there a legal presumption that it was intended as a gift? By the great weight of authority in the states where, as in Wisconsin, married women have been given full right to receive, hold, and deal with their separate estate as if single, this question is answered in the negative. Bergey’s Appeal, 60 Pa. St. 408; Boyd v. De La…

2Cases cited3 opinions

  1. Boyd v. . De La MontagnieNew York Court of Appeals · 1878
  2. Stickney v. StickneySupreme Court of the United States · 1889
  3. Adoue v. SpencerSupreme Court of New Jersey · 1901

3Cited by3 opinions

  1. Friedrich v. HuthWisconsin Supreme Court · 1913
  2. Brundage v. TowersWisconsin Supreme Court · 1925
  3. Johnson v. SchultzWisconsin Supreme Court · 1934

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