Major v. Holmes
Massachusetts Supreme Judicial Court
Three actions of contract upon promissory notes made by husband and wife after the St. of 1874, e. 184,* took effect. The consideration of the note in each case was a debt of the husband to the payee, and not money advanced or expended on the separate property of the wife. The first action was brought against the wife alone after the death of the husband. The second and third actions were brought against both husband and wife.
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Three actions of contract upon promissory notes made by husband and wife after the St. of 1874, e. 184,* took effect. The consideration of the note in each case was a debt of the husband to the payee, and not money advanced or expended on the separate property of the wife. The first action was brought against the wife alone after the death of the husband. The second and third actions were brought against both husband and wife. Each case was submitted upon the facts above stated to the Superior Court, which gave judgment for the plaintiff; and the defendants appealed. The first and second…
1Opinion of the CourtGray, C. J.
Before the St. of 1874, e. 184, the female defendant would not have been liable in either of these cases, because contracts could only be made by a married woman in reference to her separate property, business or earnings. Gen. Sts. c. 108, § 3. Williams v. Hayward, 117 Mass. 532. Nourse v. Henshaw, 123 Mass. 96.
*109But this statute has removed that restriction, and in the broad ■ est terms enables a married woman to “ make contracts, oral and written, sealed and unsealed, in the same manner as if she were sole,” and does not require that the consideration of her contracts should enure to her own…
2Cases cited3 opinions
- Penniman v. VintonMassachusetts Supreme Judicial Court · 1808
- Nourse v. HenshawMassachusetts Supreme Judicial Court · 1877
- Williams v. HaywardMassachusetts Supreme Judicial Court · 1875
3Cited by22 opinions
- Milliken v. PrattMassachusetts Supreme Judicial Court · 1878
- Clapp v. IngrahamMassachusetts Supreme Judicial Court · 1879
- Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
- Kenworthy v. SawyerMassachusetts Supreme Judicial Court · 1878
- Sandwich Mfg. Co. v. ZellmerSupreme Court of Minnesota · 1892
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