Young v. Ward
Illinois Supreme Court
This was an action of assumpsit, brought upon a note made payable to Alfred Ward or Charity D. Ward, his wife, and given for two hundred and fifty dollars, made payable on or before the twenty-fifth day of December, one thousand eight hundred and fifty-five. The note was signed J. L. Reim, and the appellants. The declaration declared specially upon the note, and had also the common counts. The suit was brought in the name of Charity D. Ward.
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This was an action of assumpsit, brought upon a note made payable to Alfred Ward or Charity D. Ward, his wife, and given for two hundred and fifty dollars, made payable on or before the twenty-fifth day of December, one thousand eight hundred and fifty-five. The note was signed J. L. Reim, and the appellants. The declaration declared specially upon the note, and had also the common counts. The suit was brought in the name of Charity D. Ward. The defendants pleaded the general issue. Also a special plea that the said Charity D. Ward, who hath above thereof complained against the defendants, is…
1Opinion of the CourtWalker, J.
The record in this case presents for consideration, the question of whether a judgment recovered by a feme covert on a note payable in the alternative, either to her husband or herself, is erroneous. There is no doubt that the suit should have been brought in the name of the husband alone, or in their joint names. But whether the defendant can now insist upon the objection, is what we are called upon to determine. The doctrine seems now well settled, whatever may have been the doubts formerly entertained, that on a contract entered into with the wife alone, during coverture, the husband and…
2Cited by15 opinions
- Krueger v. DorrAppellate Court of Illinois · 1959
- Merritt v. A. W. Boyden & SonIllinois Supreme Court · 1901
- Bartlett v. Board of EducationIllinois Supreme Court · 1871
- Anderson v. WarneIllinois Supreme Court · 1873
- Hancock v. Empire Cotton Oil Co.Court of Appeals of Georgia · 1915
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