Penacook Savings Bank v. Sanborn
Supreme Court of New Hampshire
Assumpsit, on a note signed by the defendant. Plea of coverture. Facts found by a referee. January 27, 1872, the defendant’s husband gave D. his note for $181.67, payable in six months,, which D. indorsed to the plaintiffs, who held it until the note in ■suit was given, the husband paying the interest thereon. The note was given for money borrowed and goods purchased by the husband, no part of which went into the defendant’s separate estate.
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Assumpsit, on a note signed by the defendant. Plea of coverture. Facts found by a referee. January 27, 1872, the defendant’s husband gave D. his note for $181.67, payable in six months,, which D. indorsed to the plaintiffs, who held it until the note in ■suit was given, the husband paying the interest thereon. The note was given for money borrowed and goods purchased by the husband, no part of which went into the defendant’s separate estate. October 30, 1873, the plaintiffs requiring payment or further security, D. requested the husband to give a new note signed by himself and the defendant,…
1Opinion of the CourtClabk, J.
The note in suit, being the note of a married woman, is void, unless it comes within that class of cases respecting which the common-law disability of married women has been removed by statute. The note of a married woman being void at common law by reason of incapacity to make a contract, there is no estoppel, because want of legal capacity cannot be supplied by estoppel. Bank v. Buzzell, ante 189. At the time of making the note the defendant held property in her own right, consisting of land and buildings; and if the note is valid and binding upon her, it became so by reason of being a…
2Cases cited4 opinions
- Thompson v. ElaSupreme Court of New Hampshire · 1878
- Babbitt v. MorrisonSupreme Court of New Hampshire · 1878
- Messer v. SmythSupreme Court of New Hampshire · 1878
- Muzzey v. ReardonSupreme Court of New Hampshire · 1876
3Cited by2 opinions
- State v. HutchinsSupreme Court of New Hampshire · 1919
- Parsons v. RolfeSupreme Court of New Hampshire · 1891