Hickey v. Thompson
Supreme Court of Arkansas
APPEAL from St. Francis Circuit Court. M. T. Sanders,-Judge. The note of a married woman, who joins with her husband, is void, if Ark., 2'jo; 16 id., iq6; 3Q id., 242; 2J id., 331. When enforced in equity, it must be in rem. against her property, and not against her. Ib., supra.
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APPEAL from St. Francis Circuit Court. M. T. Sanders,-Judge. The note of a married woman, who joins with her husband, is void, if Ark., 2'jo; 16 id., iq6; 3Q id., 242; 2J id., 331. When enforced in equity, it must be in rem. against her property, and not against her. Ib., supra. Even then it must appear that she entered into the engagement which created the original indebtedness with the intent to bind her separate property, and so understood at the time by the person zvith whom she contracted. Schouler Dom. Rel., 226. In this State it must: appear that the contract was made with refei'ence…
1Opinion of the CourtBattle, J.
Appellees sued appellant, Jennie C. Hickey, on three several promissory notes executed by her on the 14th of February, 1881, each for the sum of $266.41, aggregating $799.23, and bearing interest from the date of their •execution. They allege that she was a married woman at the time when the debt evidenced by the notes was contracted, but that she had a separate estate, and was carrying on a trade and business on her sole and separate account, and that the debt ■sued for was for moneys, goods and supplies advanced and sold to her for the maintaining and carrying on her separate business of…
2Cases cited6 opinions
- Frecking v. . RollandNew York Court of Appeals · 1873
- Snow v. SheldonMassachusetts Supreme Judicial Court · 1879
- Camden v. MullenCalifornia Supreme Court · 1866
- Netterville v. BarberMississippi Supreme Court · 1876
- Owen v. CawleyNew York Supreme Court · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Speten v. BowlesCourt of Appeals for the Eighth Circuit · 1945
- Bowles v. RockDistrict Court, D. Nebraska · 1944
- Beickler ex rel. Beickler v. GuentherSupreme Court of Iowa · 1903
- Williams v. O'Dwyer & Ahern Co.Supreme Court of Arkansas · 1917
- Brickey v. Continental Gin Co.Supreme Court of Arkansas · 1914
6 more not listed; retrieve them via the Exa API.