Meier & Frank Co. v. Bruce
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. P. McCarthy, Judge. Action on contract. Judgment for plaintiff. It is nowhere alleged in the complaint that the debt sued upon was incurred for the use and benefit of the separate estate of the appellant. The failure to so allege is fatal; no recovery can be had against a married woman without such an allegation and proof thereof.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. P. McCarthy, Judge. Action on contract. Judgment for plaintiff. It is nowhere alleged in the complaint that the debt sued upon was incurred for the use and benefit of the separate estate of the appellant. The failure to so allege is fatal; no recovery can be had against a married woman without such an allegation and proof thereof. (McFarland v. Johnson, 22 Ida. 694, 127 Pac. 911; Bank of Commerce v. Baldwin, 12 Ida. 202, 85 Pac. 497, 14 Ida. 75, 93 Pac. 504, 17 L. R. A., N. S., 676; Strode v. Miller, 7…
1Opinion of the CourtRice, J.
Upon the argument of this case, it was conceded that between the fourth day of March, 1911, and the 10th day of September, 1912, the appellant Rose May Bruce resided at *736Portland, in the state of Oregon, with her husband. During her residence in the state of Oregon respondent complains: First, that it sold and delivered to her and her husband certain family necessities, upon which a balance of $113.99 was still due and unpaid; second, that on the eighth day of August, 1911, in the state of Oregon, the said appellant with her husband executed a joint and several promissory note in the sum of…
2Cases cited13 opinions
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Milliken v. PrattMassachusetts Supreme Judicial Court · 1878
- Greenwood v. CurtisMassachusetts Supreme Judicial Court · 1810
- International Harvester Co. of America v. McAdamWisconsin Supreme Court · 1910
- Bank of Commerce, Ltd. v. BaldwinIdaho Supreme Court · 1906
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Bedal v. JohnsonIdaho Supreme Court · 1923
- Williams v. PaxtonIdaho Supreme Court · 1977
- Ness v. CofferIdaho Supreme Court · 1925
- Palmer National Bank v. Van DorenMichigan Supreme Court · 1932
- Loomis v. GrayIdaho Supreme Court · 1939
7 more not listed; retrieve them via the Exa API.