Davis v. Lane
Superior Court of New Hampshire
Assumpsit, upon a promissory note. It appeared in evidence that Foss, the plaintiff ⅛ intestate, for some time previous to his death, which happened in October, 1833, held a note against the defendant, for $50-00 ; and on the day of his decease, and when Ije was entirely senseless, and no hopes were entertained of his recovery, one Jeremiah Prescott, to whom Foss was indebted in the sum of about $46-00, came, in company with the plaintiff, to the house of Foss ; and, after…
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Assumpsit, upon a promissory note. It appeared in evidence that Foss, the plaintiff ⅛ intestate, for some time previous to his death, which happened in October, 1833, held a note against the defendant, for $50-00 ; and on the day of his decease, and when Ije was entirely senseless, and no hopes were entertained of his recovery, one Jeremiah Prescott, to whom Foss was indebted in the sum of about $46-00, came, in company with the plaintiff, to the house of Foss ; and, after some conversation, it was suggested to the wife of Foss, that she had better give up to Prescott the note her husband had…
1Opinion of the CourtParker, C. J.
There is no pretence that a wife, as such, has any authority to dispose of the husband’s goods, or adjust his affairs, by reason of his incapacity to transact business.
But it is contended, in this case, that the wife having had a general power to transact business for her husband previous to his illness, nothing but an express revocation of that power, or some occurrence which divests and transmits the property, as death, or bankruptcy, will terminate her authority to act as the agent of her husband; and that she therefore might well dispose of the note in question, notwithstanding her…
2Cited by11 opinions
- Ish v. CraneOhio Supreme Court · 1862
- Despatch Line of Packets v. Bellamy Man. Co.Superior Court of New Hampshire · 1841
- In re Estate of KellySupreme Court of New Hampshire · 1988
- Mid-City Federal Savings & Loan Ass'n v. AllenSupreme Court of Pennsylvania · 1964
- Beard v. KirkSuperior Court of New Hampshire · 1840
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