Miller v. Brown
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. There can be no doubt that a married woman can charge her separate estate by verbal as well as by written contracts. The only difference is that the writing is the evidence and indicates her intention in the one case; while such intention, in the absence of an express statement of her intent to charge, has to be shown from circumstances.
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Appeal from St. Louis Circuit Court. I. There can be no doubt that a married woman can charge her separate estate by verbal as well as by written contracts. The only difference is that the writing is the evidence and indicates her intention in the one case; while such intention, in the absence of an express statement of her intent to charge, has to be shown from circumstances. The reasoning in the case of Whitesides v. Cannon, if good to support a note merely signed by the wife, is certainly good to support her verbal contracts in equity as a charge against her separate estate. See on this…
1Opinion of the CourtBliss, Judge
The plaintiffs seek to charge the separate estate of defendant Mattie Brown, a married woman, for goods sold her for her consumption. The goods, amounting to $145, were bought from time to time, and charged to her. She was introduced to the store as a woman of wealth, and, before this debt was contracted, had purchased several bills in her own name, which were always paid on presentation. This bill she promised to pay at different times, and after this suit was commenced asked for an extension of time, and agreed again to pay it. At no time — either when she was purchasing the goods embraced…
2Cases cited5 opinions
- Whitesides v. CannonSupreme Court of Missouri · 1856
- Kimm v. WeippertSupreme Court of Missouri · 1870
- Ozley v. IkelheimerSupreme Court of Alabama · 1855
- United States v. Gamble & BatesSupreme Court of Missouri · 1847
- Tuttle v. HoagSupreme Court of Missouri · 1870
3Cited by14 opinions
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Rosenheim v. HartsockSupreme Court of Missouri · 1886
- Gabriel v. MullenSupreme Court of Missouri · 1892
- Sauter & Adams v. ScrutchfieldMissouri Court of Appeals · 1887
- Johnston v. GawtryMissouri Court of Appeals · 1882
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