Rood v. Willey
Supreme Court of Vermont
Bill in Chancery. Heard on pleadings and testimony, September Term, 1885, Royce, Chancellor. Bill dismissed. The bill was brought by the orator as guardian to enforce the payment of a promissory note given by the wife of defendant A. U. Willey to said D. B. Rood for money loaned.
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Bill in Chancery. Heard on pleadings and testimony, September Term, 1885, Royce, Chancellor. Bill dismissed. The bill was brought by the orator as guardian to enforce the payment of a promissory note given by the wife of defendant A. U. Willey to said D. B. Rood for money loaned. It appeared that the wife had deceased, and it was claimed the money borrowed went towards paying for the defendant W. N. Willey’s farm; but the decision of the court renders a statement of facts unnecessary.
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
Martha A. Willey was a married woman at the time of the transaction; her contract was void. In the most favorable light, as claimed by the orator, it was simply a loan made to her by her father; her promise to pay him the amount was null. Hayward v. Barker, 52 Vt. 429; Hubbard v. Bugbee, ante, 172. This case is not within the principle of those cases in which relief has been granted, where a married woman having a separate estate, contracts debts for the benefit of such estate, or for her own benefit upon its credit, and such debts have been…
2Cases cited1 opinion
- Hayward v. BarkerSupreme Court of Vermont · 1880
3Cited by2 opinions
- Peters v. Estate of PoroSupreme Court of Vermont · 1922
- Bourne v. BourneSupreme Court of Vermont · 1897