Todd v. Works
Missouri Court of Appeals
Appeal from the Cass Circuit Cowrt. — Hon. Chas. W. Sloan, Judge. This action is in the nature of an exception to the ■general rule that a married woman cannot be sued. She executed the note while single, and is estopped to ■avoid payment by her act of marrying, and a general judgment should be rendered against her, and a special ■one against her husband. Obermayer v. Greenleaf, 42 Mo. 307; Gruenv. Bamberger, 11 Mo. App. 261; Babb v. Bruere, 23 Mo.
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Appeal from the Cass Circuit Cowrt. — Hon. Chas. W. Sloan, Judge. This action is in the nature of an exception to the ■general rule that a married woman cannot be sued. She executed the note while single, and is estopped to ■avoid payment by her act of marrying, and a general judgment should be rendered against her, and a special ■one against her husband. Obermayer v. Greenleaf, 42 Mo. 307; Gruenv. Bamberger, 11 Mo. App. 261; Babb v. Bruere, 23 Mo. App. 604; Wisdom v. Newberry, 30 Mo. App.241; Walker v. Beaver, 79 Mo. 681; Schouler on Domestic Relations, p. 72. To the same effect is Conrad v.…
1Opinion of the CourtSmith, P. J.
This is a suit by plaintiff against defendants, who are husband and wife, upon a promissory note for $120, executed by the wife to plaintiff while feme sole.
The trial court sustained a demurrer to the petition upon the grounds that, first, the petition did not state facts sufficient to constitute a cause of action against the defendants or either of them in law or •equity; and, second, that it did not aver that the husband has any property subject to the antenuptial *269debts of the wife. To reverse the judgment against him on the demurrer, the plaintiff brings the case hereby writ of error.
It…
2Cases cited7 opinions
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Babb v. BruereMissouri Court of Appeals · 1886
- Gruen v. BambergerMissouri Court of Appeals · 1881
- Benjamin v. BartlettSupreme Court of Missouri · 1831
- Wisdom v. NewberryMissouri Court of Appeals · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ahmann v. KemperSupreme Court of Missouri · 1938