Kenworthy v. Sawyer
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $800, dated December 30, 1875, signed by Byron Smith and M. W. Sawyer, payable to the order of the defendant, and by her indorsed in blank. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on an agreed statement of facts in substance as follows : The makers of the note declared on were, at the time, engaged as copartners in the business of buying and selling cattle and swine.
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Contract upon a promissory note for $800, dated December 30, 1875, signed by Byron Smith and M. W. Sawyer, payable to the order of the defendant, and by her indorsed in blank. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on an agreed statement of facts in substance as follows : The makers of the note declared on were, at the time, engaged as copartners in the business of buying and selling cattle and swine. The defendant, the wife of one of the makers, indorsed the note, for the accommodation of the firm, to raise money to be…
1Opinion of the CourtGray, C. J.
By the St. of 1874, c. 184, a married woman r‘may make contracts, oral and written, sealed and unsealed, in *29the same manner as if she were sole,” and “ may sue and be sued in the same manner and to the same extent as if she were sole” —with this restriction only, that nothing in this act contained shall authorize a married woman to make contracts with her husband, or authorize suits between husband and wife.
This statute does not, like the Gen. Sts. c. 108, § 3, restrict the capacity of a married woman to make contracts, and to sue and be sued, to matters in reference to her separate property,…
2Cases cited5 opinions
- Violett v. PattonSupreme Court of the United States · 1809
- Brown v. MottNew York Supreme Court · 1811
- Yeaton v. Bank of AlexandriaSupreme Court of the United States · 1809
- Major v. HolmesMassachusetts Supreme Judicial Court · 1878
- Roby v. PhelonMassachusetts Supreme Judicial Court · 1875
3Cited by27 opinions
- Matheson v. O'KaneMassachusetts Supreme Judicial Court · 1912
- Plath v. JustusNew York Court of Appeals · 1971
- Karcher v. BurbankMassachusetts Supreme Judicial Court · 1939
- Krouskop v. ShontzWisconsin Supreme Court · 1881
- Sandwich Mfg. Co. v. ZellmerSupreme Court of Minnesota · 1892
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