Estabrook v. Earle
Massachusetts Supreme Judicial Court
Bill in equity setting forth that Martha Ann Barbour of Worcester, one of the respondents, a married woman whose husband was living, purchased as her sole and separate property certain real estate there, and paid for it with her promissory note signed by the complainants as sureties, which on its maturity she failed to pay, and the amount of which she owes to the complainants, who were compelled to pay it by reason of her default; that afterwards she employed the respondent…
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Bill in equity setting forth that Martha Ann Barbour of Worcester, one of the respondents, a married woman whose husband was living, purchased as her sole and separate property certain real estate there, and paid for it with her promissory note signed by the complainants as sureties, which on its maturity she failed to pay, and the amount of which she owes to the complainants, who were compelled to pay it by reason of her default; that afterwards she employed the respondent Earle to buy an assignment of a mortgage to which the premises were subject at the time of her purchase, and to advance…
1Opinion of the CourtBigelow, C. J.
We see no reason for holding that the plaintiffs’ remedy is not complete and adequate at law under the trustee process.
1. The promissory note on which they seek to charge a married woman by the bill and which it is the object of the suit to cause to be paid out of certain property in the hands of one of the defendants, is a debt contracted with reference to the sole and separate property of such married woman, for which she is liable to be sued at law. Gen. Sts. c. 108, § 3. There is therefore no valid objection to an action against her at common law to recover the debt.
2. There is nothing in…
2Cited by8 opinions
- Heburn v. WarnerMassachusetts Supreme Judicial Court · 1873
- Read v. StewartMassachusetts Supreme Judicial Court · 1880
- Faucett v. CurrierMassachusetts Supreme Judicial Court · 1871
- Chase v. ThompsonMassachusetts Supreme Judicial Court · 1891
- Karp v. First National BankMassachusetts Supreme Judicial Court · 1936
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