Towle v. Towle
Massachusetts Supreme Judicial Court
Contract on two notes for §500 each, made by the defendant and payable to the plaintiff’s order. Writ dated May 13, 1872. At the trial in the Superior Court, before Putnam, J., the evidence tended to show that the plaintiff was a married woman, and that she gave no consideration for the notes; that they were made by the defendant payable to her order, at the request of her husband, on the purchase from him by the defendant of a stock of goods, and that the husband himself…
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Contract on two notes for §500 each, made by the defendant and payable to the plaintiff’s order. Writ dated May 13, 1872. At the trial in the Superior Court, before Putnam, J., the evidence tended to show that the plaintiff was a married woman, and that she gave no consideration for the notes; that they were made by the defendant payable to her order, at the request of her husband, on the purchase from him by the defendant of a stock of goods, and that the husband himself put them into the hands of the plaintiff. There was evidence on the part of the plaintiff tending to show that the notes…
1Opinion of the CourtMorton, J.
The common law is so far modified by our statutes, that a married woman may hold as her sole and separate property, free from the control of her husband, any real and personal property which comes to her by descent, devise, bequest and gift or grant of any person except her husband. But the statute does not extend to property acquired by her by a gift from her husband; and as to such property the rules of the common law apply. Gen. Sts. c. 108, §§ 1-10.
The note in suit was made payable to the plaintiff at the request of her husband, and without any consideration moving from her. Viewing the…
2Cases cited2 opinions
- McCluskey v. Provident Institution for SavingsMassachusetts Supreme Judicial Court · 1869
- Hill v. DuncanMassachusetts Supreme Judicial Court · 1872
3Cited by8 opinions
- Hanscom v. Malden & Melrose Gas Light Co.Massachusetts Supreme Judicial Court · 1914
- Northwestern Mutual Life Insurance v. WrightWisconsin Supreme Court · 1913
- Colburn's Appeal From ProbateSupreme Court of Connecticut · 1902
- Marshall v. JaquithMassachusetts Supreme Judicial Court · 1883
- Fellows v. SmithMassachusetts Supreme Judicial Court · 1881
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