Thompson v. Taylor
Supreme Court of New Jersey
On error to the Bergen Circuit. This action was brought in tlpe Circuit Court upon a note, of which the following is a copy: “$422.29. Englewood, N. J., Oct. 10, 1898. “Three months after date I promise to pay to the order of W. Bernard Taylor four hundred twenty-two 29-100 dollars, at 44 Broad St., New York City, value received. “Lillian B. Taylor.
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On error to the Bergen Circuit. This action was brought in tlpe Circuit Court upon a note, of which the following is a copy: “$422.29. Englewood, N. J., Oct. 10, 1898. “Three months after date I promise to pay to the order of W. Bernard Taylor four hundred twenty-two 29-100 dollars, at 44 Broad St., New York City, value received. “Lillian B. Taylor. “(Endorsed) W. Bernard Taylor, 44 Broad St.” The note was signed by Lillian B. Taylor at the time and . place of its date, she being then the wife of the payee. She signed it at her husband’s request and solely for his accommodation, and delivered…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
The note in suit was not a Hew Jersey contract. The parties to it in this state were husband and wife. By force of section 14 of our Married Women’s act there is in this state no law to enable husband or wife to contract with each other, excepting as at common law. Gen. Stat., p. 2015; Woodruff v. Apgar, 13 Vroom 198; Turner v. Davenport, 47 Atl. Rep. 766. Hence the written promise of the wife to pay a sum of money to the order of her husband, signed by her and delivered to him in the State of Hew Jersey, did not constitute a contract.…
2Cases cited2 opinions
- Milliken v. PrattMassachusetts Supreme Judicial Court · 1878
- Turner v. DavenportNew Jersey Court of Chancery · 1900
3Cited by6 opinions
- Poole v. PerkinsSupreme Court of Virginia · 1919
- Palmer National Bank v. Van DorenMichigan Supreme Court · 1932
- Sonotone Corporation v. EllisNew Jersey Superior Court Appellate Division · 1949
- Felice v. Felice Office Equipment Co.Camden County Superior Court · 1954
- Incitti v. FerrantePennsylvania Court of Common Pleas · 1933
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