Legal Opinion

Alphin v. Wade

Supreme Court of Arkansas

Decided February 15, 1909PublishedCited by 2 opinions

Appeal from Union Circuit Court; George W. Hays, Judge; STATEMENT by the court. At the September term, 1907, of the Union Circuit Court, Mrs. Mattie C. Wade brought this suit against Garrison-Alphin Hardware Company, a -corporation, J. H. Garrison, Mrs. A. U. Alphin et al., on the following promissory note: “$x,ooo.oo.

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Appeal from Union Circuit Court; George W. Hays, Judge; STATEMENT by the court. At the September term, 1907, of the Union Circuit Court, Mrs. Mattie C. Wade brought this suit against Garrison-Alphin Hardware Company, a -corporation, J. H. Garrison, Mrs. A. U. Alphin et al., on the following promissory note: “$x,ooo.oo. El Dorado, Arkansas, Jan. xo. 1903. “On the 10th day of January, 1904, after date, we, or either of us, promise to pay to the order of Mattie C. Wade the sum of one thousand and no-100 dollars, value received, with interest at the rate of ten (10) per cent, per annum from date…

1Opinion of the Court

Wood, J.,

(after stating the facts.) The jury, upon sufficient evidence, having found the facts in favor of appellee, the only question left for our consideration is whether or not a married woman who is a stockholder and president of a corporation engaged in mercantile business is liable on a note which she signed in her individual capacity as surety, the note having been executed by the -corporation for borrowed money which went into its business?

Section 5214 provides that “a married woman may bargain, sell, assign and transfer her separate personal property, and^ carry on any trade or…

2Cases cited9 opinions

  1. Russel v. People's Savings BankMichigan Supreme Court · 1878
  2. St. Louis, Iron Mountain & Southern Railway Co. v. DillardSupreme Court of Arkansas · 1906
  3. Hickey v. ThompsonSupreme Court of Arkansas · 1889
  4. Bridgman v. City of KeokukSupreme Court of Iowa · 1887
  5. Sidway v. NicholSupreme Court of Arkansas · 1896

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3Cited by2 opinions

  1. Fitzgerald v. Harry I. Garson ProductionsMichigan Supreme Court · 1922
  2. Cooper v. BurelSupreme Court of Arkansas · 1917

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