Williams v. Coward

The opinion of the court was delivered by

Woodward, J.

— A married woman can neither sue nor be sued on her contract made during coverture. If she contract for necessaries or for goods that go to the use of her husband, the law presumes her to be his agent, and treats the contract as his, and the suit must be against him alone. It is only when an action is brought on her ante-nuptial contract, that she is to be joined as a co-plaintiff or defendant with her husband. Nutz v. Reutter, 1 W. 229. And this because in case of the husband’s death, the action must survive. But in an action on a…