Hollister v. Bell
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Buenell, Circuit Judge. Action at law to recover of a married woman on her promissoi’y note. The question presented for adjudication was whether the note was given by defendant concerning her separate, property or business or merely for the debt of her husband.
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Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Buenell, Circuit Judge. Action at law to recover of a married woman on her promissoi’y note. The question presented for adjudication was whether the note was given by defendant concerning her separate, property or business or merely for the debt of her husband. The evidence was to the effect that plaintiffs, as bondsmen for defendant’s husband and one Grill on a building contract, became liable to and did pay the sum of $1,700, by reason whereof the principals became indebted to them to that amount; that defendant gave…
1Opinion of the Court
Maeshall; J.
A married woman has not capacity to bind herself at law by contract, except as regards her separate property or business. It follows, as has often been decided by this court, that a married woman’s note, given solely for' the purpose of securing or paying the debt of a third person, is void at law and not enforceable in equity against her separate property in the absence of some equitable consid*200erations rendering such enforcement, under the circumstances, just. Krouskop v. Shontz, 51 Wis. 204; Kavanagh v. O’Neill, 53 Wis. 101; Emerson-Talcott Co. v. Knapp, 90 Wis. 35; Mueller v.…
2Cases cited3 opinions
- Krouskop v. ShontzWisconsin Supreme Court · 1881
- Mueller v. WieseWisconsin Supreme Court · 1897
- Kavanagh v. O'NeillWisconsin Supreme Court · 1881
3Cited by7 opinions
- Loizeaux v. FremderWisconsin Supreme Court · 1904
- Kriz v. PeegeWisconsin Supreme Court · 1903
- Ritter v. BrussWisconsin Supreme Court · 1902
- Bailey v. FinkWisconsin Supreme Court · 1906
- Merrell v. PurdyWisconsin Supreme Court · 1906
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