Hemmingway v. Mathews
Texas Supreme Court
Error from Bed Biver. The note sued on was made payable to Henrietta Hamilton, a married woman, and was by her indorsed to the plaintiff, Mathews.. Her coverture was pleaded in abatement. This- plea was, on motion of the-plaintiff, stricken out.
1Opinion of the Court
Hemphill, Ch. J.
The ruling, we are of opinion, was erroneous. The note being made to one of the partners, during matrimony, was presumptively community property, and as such was, under ordinary circumstances, at the disposal of the husband alone. But, whether it be community or the separate property of the wife, it'could not be lawfully alienated by hex-, unless under the forms provided by law, or with the implied or express assent of the husband, or, under the special circumstances which would authorize her to employ her own or the community property for the benefit and preservation of her…
2Cited by9 opinions
- Kempner v. Comer, Fairris & DialTexas Supreme Court · 1889
- Meyer v. KinzerCalifornia Supreme Court · 1859
- Strong v. EakinNew Mexico Supreme Court · 1901
- Bledsoe v. FittsCourt of Appeals of Texas · 1907
- Freeburger v. CaldwellWashington Supreme Court · 1893
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