Crowther v. Crowther
Supreme Judicial Court of Maine
On Facts agreed. Assumpsit upon two promissory notes, signed by the defendant and payable to the' plaiutiff; one dated Dec. 22, 1859, for $375, and the other May 12, 1860, for $700, payable on demand with interest. Writ dated May 10, .1866. Plea, general issue, with specifications of defence.
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On Facts agreed. Assumpsit upon two promissory notes, signed by the defendant and payable to the' plaiutiff; one dated Dec. 22, 1859, for $375, and the other May 12, 1860, for $700, payable on demand with interest. Writ dated May 10, .1866. Plea, general issue, with specifications of defence. It was admitted that the notes were given for a valuable consideration, delivered by the defendant to the plaintiff, on May 12, 1860 ; and that the plaintiff then was and still is the lawful wife of the defendant. The Court to enter such judgment as the law required. R. S., c. 61, § 3, is broad enough to…
1Opinion of the CourtAppleton, C. J.
The case comes before us on an agreed statement of facts, and the question presented is whether a wife can maintain a suit against her husband on a note given her by him.
At common law such a suit could not be maintained. By R. S., 1857, c. 61, § 3, the wife is authorized to "prosecute and defend suits at law or in equity for the preservation and protection of her property, as if unmarried, or may do it jointly with her husband.” This, section manifestly refers to suits by the wife against third persons and empowers her to maintain an action in her own name or in the joint names of herself and…
2Cited by4 opinions
- Courtney v. CourtneySupreme Court of Oklahoma · 1938
- Peters v. PetersCalifornia Supreme Court · 1909
- Moulton v. MoultonSupreme Judicial Court of Maine · 1973
- Roseberry v. RoseberryWest Virginia Supreme Court · 1886