Emerson-Talcott Co. v. Knapp
Wisconsin Supreme Court
Appeal from a judgment of tlie circuit court for La Crosse county: J. M. Morrow, Circuit Judge. The action is upon a joint and several promissory note executed by the defendants to the plaintiff. It is defended by H. L. Knapp alone. The defense is that at the time of the execution of the note IT. L. Knapp was a married woman, the wife of the defendant II.
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Appeal from a judgment of tlie circuit court for La Crosse county: J. M. Morrow, Circuit Judge. The action is upon a joint and several promissory note executed by the defendants to the plaintiff. It is defended by H. L. Knapp alone. The defense is that at the time of the execution of the note IT. L. Knapp was a married woman, the wife of the defendant II. A. Knapp, and that she signed the note as surety for a debt of her husband, and not in any way for the advantage of her separate estate or business. The evidence shows that during the year 1890 II. A. Knapp, the husband, was a local agent…
1Opinion of the CourtNewman, J.
The right of the plaintiff to recover turns upon the question of the ability of the defendant to bind herself at law by the contract she undertook to make, rather than upon any question of the adequacy of consideration. Granted the capacity to make the contract, there could be no question of the adequacy of the consideration. But the ability of a married woman to bind herself at law by her contracts is limited to such engagements as are necessary or convenient to the use and enjoyment of her separate estate or to the carrying on of her separate business, or relating to her personal services.…
2Cases cited10 opinions
- Coleman v. . BurrNew York Court of Appeals · 1883
- Blaechinska v. Howard Mission & Home for Little WanderersNew York Court of Appeals · 1892
- Birkbeck v. . AckroydNew York Court of Appeals · 1878
- Plummer v. TrostSupreme Court of Missouri · 1884
- Brickley v. WalkerWisconsin Supreme Court · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Kriz v. PeegeWisconsin Supreme Court · 1903
- Bailey v. FinkWisconsin Supreme Court · 1906
- Farmers & Merchants Bank v. FrederiksenWisconsin Supreme Court · 1921
- Rockwell v. Estate of RobinsonWisconsin Supreme Court · 1914