Claflin v. Van Wagoner
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. I. A married woman cannot be sued alone, without the appointment of a nest friend, or joining her husband. (R. C. 1855, p. 1218, Art. II., § 7; Cost v. Cost, 4 How., Prac. R., 232; Eliz. Smart, by next friend, v. Comstock, 24 Barb. 411.) II. The petition did not state facts sufficient to constitute a cause of action against Mrs. Van Wagoner, to entitle the plaintiff to the relief prayed for as against her separate estate.
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Appeal from St. Louis Court of Common Pleas. I. A married woman cannot be sued alone, without the appointment of a nest friend, or joining her husband. (R. C. 1855, p. 1218, Art. II., § 7; Cost v. Cost, 4 How., Prac. R., 232; Eliz. Smart, by next friend, v. Comstock, 24 Barb. 411.) II. The petition did not state facts sufficient to constitute a cause of action against Mrs. Van Wagoner, to entitle the plaintiff to the relief prayed for as against her separate estate. The petition alleges that the property was conveyed to trustees to the use, &c., “ and to be disposed of and employed to such…
1Opinion of the CourtBates, Judge
The petition shows the plaintiffs to be the holders of a ne-, gotiable note made by Thomas Cohen to the order of AdalineH. Van Wagoner, who endorsed it to the plaintiffs ; that the-note had matured ; a demand and refusal of payment, and; notice thereof to Mrs. Van Wagoner. It shows that Mrs. Van Wagoner is a married woman, the wife of Garret S. Van Wagoner; that, by ante-nuptial deed of trust, she conveyed certain real estate to John M. Krum, the other defendant, “ in trust for the sole and separate use, benefit, behoof, and disposal of said Adaline, and to be accounted, reckoned and *254taken as…
2Cases cited1 opinion
- Whitesides v. CannonSupreme Court of Missouri · 1856
3Cited by11 opinions
- Lilly v. MenkeSupreme Court of Missouri · 1894
- Cochran v. ThomasSupreme Court of Missouri · 1895
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Turner v. ShawSupreme Court of Missouri · 1888
- Kimm v. WeippertSupreme Court of Missouri · 1870
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