Pittman v. Pittman
Oregon Supreme Court
Appeal from Linn County. The complaint alleges that on or about December 3,1864, the defendant received from the plaintiff’s father the sum of one thousand dollars in gold coin to the use of the plaintiff; that demand for the payment thereof was made, but that the defendant has not paid any part thereof, but is now justly indebted to the plaintiff in the sum of one thousand dollars.
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Appeal from Linn County. The complaint alleges that on or about December 3,1864, the defendant received from the plaintiff’s father the sum of one thousand dollars in gold coin to the use of the plaintiff; that demand for the payment thereof was made, but that the defendant has not paid any part thereof, but is now justly indebted to the plaintiff in the sum of one thousand dollars. The answer denies specifically each affirmative allegation of the complaint, and alleges that on July 4, 1858, the plaintiff and defendant were lawfully married, and continued to be husband and wife until July…
1Opinion of the Court
By the Court,
McArthur, J.:
A careful examination of the pleadings discloses that this is an action at law upon an implied contract for the payment of money, and that at the time of the transaction out of which the implication arises, the parties were husband and wife. At common law, husband and wife were incapable of making any contract, express or implied, which a Court of law would countenance or uphold. Nor does the constitutional provision (Art. XV, § 5) break the force of this rule. That provision was adopted for the protection of the wife’s prop*300erty from the debts or contracts of the…
2Cases cited1 opinion
- Health Insurance Ass'n of America v. HarnettNew York Court of Appeals · 1978
3Cited by7 opinions
- Heacock v. HeacockSupreme Court of Iowa · 1899
- Taylor v. TaylorOregon Supreme Court · 1909
- Elfelt v. HinchOregon Supreme Court · 1874
- Bean v. Bean.Supreme Court of North Carolina · 1904
- Tresher v. McElroySupreme Court of Florida · 1925
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