Morris v. Booth
Supreme Court of Alabama
Writ of Error to the Circuit Court of Barbour. Assumpsit by the defendants in error, on a promissory note made to the wife, by the plaintiff in error. To a declaration in the usual form, in which the note is declared on as a note made to the wife, the defendant demurred, which being overruled, he pleaded the general issue. 2. A set off of a debt due by the wife after marriage. 3. A set off of a debt due by the husband. 4. A set off of a debt due by husband and wife jointly.
Read the full summary
Writ of Error to the Circuit Court of Barbour. Assumpsit by the defendants in error, on a promissory note made to the wife, by the plaintiff in error. To a declaration in the usual form, in which the note is declared on as a note made to the wife, the defendant demurred, which being overruled, he pleaded the general issue. 2. A set off of a debt due by the wife after marriage. 3. A set off of a debt due by the husband. 4. A set off of a debt due by husband and wife jointly. These pleas of set off were demurred to, and the Court sustained the demurrers, and gave judgment for the plaintiffs.…
1Opinion of the CourtOrmond, J.
As to the right of the wife to join her husband in the suit, the general rule is, that she may join when the cause of action would survive to her; as where the suit is upon a promise made to her whilst sole, or where she is the meritorious cause of the action, and there is an express promise made to her. In Philliskick v. Pluckwell, 2 M. & S. 393, it was held, that where a *908promissory note was made to a married woman, she might be joined with her husband in an action upon it. The note itself being evidence of a consideration, and being made to her, was proof that she was the meritorious cause.…
2Cited by5 opinions
- Jordan's Adm'r v. HubbardSupreme Court of Alabama · 1855
- Puryear v. PuryearSupreme Court of Alabama · 1847
- Haygood v. HarrisSupreme Court of Alabama · 1846
- Vaught v. WellbornSupreme Court of Alabama · 1849
- Case v. ByrneSupreme Court of Alabama · 1847