Spooner v. Spooner
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court dismissing the petition of Susan G. Spooner, as administratrix of the estate of her late husband Walter Spooner, for a license to sell real estate for the payment of debts. The case was heard by Knowlton, J., who reported it for the consideration of the full court, in substance as follows.
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Appeal from a decree of the Probate Court dismissing the petition of Susan G. Spooner, as administratrix of the estate of her late husband Walter Spooner, for a license to sell real estate for the payment of debts. The case was heard by Knowlton, J., who reported it for the consideration of the full court, in substance as follows. It appeared that the appellant advanced from her separate estate to her husband in bis lifetime the sum of $1,075, and took in return therefor a note signed by her husband and payable to the order of Walter R. Spooner, and by him indorsed to the appellant in the…
1Opinion of the CourtAllen, J.
It has often been held that a promissory note running directly from a husband to his wife, or vice versa, is void, and cannot be made valid by a transfer to a third person. Woodward v. Spurr, 141 Mass. 283, and cases there cited. But where a note given by a husband to a third person is valid in its inception, it does not become a nullity by being transferred to the wife, though she may not be able to maintain an action against him upon it in her own name. Thus, in Butler v. Ives, 139 Mass. 202, a wife borrowed money from her husband and made a note secured by mortgage therefor to a third…
2Cases cited5 opinions
- Atlantic National Bank v. TavenerMassachusetts Supreme Judicial Court · 1881
- Nichols v. NicholsMassachusetts Supreme Judicial Court · 1884
- Butler v. IvesMassachusetts Supreme Judicial Court · 1885
- Woodward v. SpurrMassachusetts Supreme Judicial Court · 1886
- Degnan v. FarrMassachusetts Supreme Judicial Court · 1879
3Cited by6 opinions
- Marine Contractors Co. Inc. v. HurleyMassachusetts Supreme Judicial Court · 1974
- Zwick v. GoldbergMassachusetts Supreme Judicial Court · 1939
- MacKeown v. LaceyMassachusetts Supreme Judicial Court · 1909
- Crosby v. ClemMassachusetts Supreme Judicial Court · 1911
- Caldwell v. NashMassachusetts Supreme Judicial Court · 1906
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