Kocher v. Cornell
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Scott, J. On a contract of a married woman there may be rendered against her a personal judgment, which will bind subsequently acquired property. See Jones v. GrostJncaite, 17 la., 393; Rielimond v. Tibbies, 26 la., 476; Van Metre v. Wolf, 27 la., 345; Williamson v. OUne, 20 S. E. Rep. [W. Ya.], 917.
1Opinion of the CourtSullivan, J.
This action was brought by Samuel R. Kocher against Isabel Cornell and her husband to recover a money judgment. The question propounded by the record is this: Is the property which a married woman acquires by inheritance, after the execution by her of a contract of suretyship binding her separate estate in general terms, liable for the satisfaction of such contract? According to the doctrine of the common law, a feme covert was incapable of contracting a personal obligation. Her ownership' of property was not even recognized. In equity, however, a different rule prevailed. Although she could…
2Cases cited3 opinions
- Filler v. TylerSupreme Court of Virginia · 1895
- Ankeney v. HannonSupreme Court of the United States · 1893
- Crockett v. DoriotSupreme Court of Virginia · 1887
3Cited by22 opinions
- Jorgensen v. CrandellNebraska Supreme Court · 1938
- Marsh v. MarshNebraska Supreme Court · 1912
- Parratt v. HartsuffNebraska Supreme Court · 1906
- Application of CochranDistrict Court, D. Nebraska · 1977
- Bank of Commerce v. McCartyNebraska Supreme Court · 1930
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