Feran v. Rudolphsen
Massachusetts Supreme Judicial Court
Contract on an account annexed for services rendered as a school-teacher from September 23,1867, to June 29, 1868. Writ dated February 28, 1870. The answer denied that the plaintiff rendered services for the defendant or by his request, and that he ever promised to pay for them, or in any way became liable for them; and alleged that, if such services were rendered, it was upon the sole request and credit of the defendant’s wife, and while she, as the plaintiff knew, was…
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Contract on an account annexed for services rendered as a school-teacher from September 23,1867, to June 29, 1868. Writ dated February 28, 1870. The answer denied that the plaintiff rendered services for the defendant or by his request, and that he ever promised to pay for them, or in any way became liable for them; and alleged that, if such services were rendered, it was upon the sole request and credit of the defendant’s wife, and while she, as the plaintiff knew, was doing business on her sep orate account, without the defendant’s consent and against his wishes and directions. At the trial…
1Opinion of the CourtAmes, J.
The instructions requested by the defendant we?-* not appropriate to the present state of the law of this Commonwealth in relation to the rights and liabilities of husband and wife, and were therefore properly refused.
Under the Gen. Sts. e. 108, §§ 3,5, a married woman might carry on any trade or business in the same manner as if she were sole ; and her contracts in such business were made binding upon herself and her separate property, and not binding upon her husband and his property. The question of fact, whether the contract and the business should be held to be his or hers, might be, and…
2Cited by5 opinions
- Snow v. SheldonMassachusetts Supreme Judicial Court · 1879
- Browning v. CarsonMassachusetts Supreme Judicial Court · 1895
- Desmond v. YoungMassachusetts Supreme Judicial Court · 1899
- Ridley v. KnoxMassachusetts Supreme Judicial Court · 1884
- Maloof v. AcornleyMassachusetts District Court, Appellate Division · 1944