Pioneer Savings & Loan Co. v. Thompson
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the.Hon. W. W. Wilkerson. This suit was brought on April 27th, 1895, by the appellee, Cora A. Thompson, against the appellant, the Pioneer Savings & Loan Company, a corporation which formerly did business under the name and style of the National Building, Loan & Protective Union. The complaint contained three counts, all suing for money had and received.
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Appeal from the City Court of Birmingham. Tried before the.Hon. W. W. Wilkerson. This suit was brought on April 27th, 1895, by the appellee, Cora A. Thompson, against the appellant, the Pioneer Savings & Loan Company, a corporation which formerly did business under the name and style of the National Building, Loan & Protective Union. The complaint contained three counts, all suing for money had and received. On July llth, 1890, J. D. Thompson, the husband of the plaintiff, acting for and in the name of the plaintiff, applied through the agent o'f the defendant for 88 shares of stock in said…
1Opinion of the CourtBrickell, C. J.
The controlling question of the case is, whether a married woman may reclaim moneys, her separate property or estate, which in the ordinary course of business, her husband acting for her and with her consent, may have paid out or invested ; the transaction not having been manifested in writing, nor the assent or concurrence of the husband therein expressed in writing. The general construction of the statute, (Code of 1886, § 2346), relating to the capacity of a married woman to enter into contracts, has been, that full power or capacity to contract is not thereby conferred. Contracts binding,…
2Cases cited5 opinions
- Steiner Bros. v. TranumSupreme Court of Alabama · 1893
- DeJarnette v. McDanielSupreme Court of Alabama · 1890
- Scott v. CottenSupreme Court of Alabama · 1890
- O'Connor Mining & Manufacturing Co. v. DicksonSupreme Court of Alabama · 1895
- Clement v. Draper Mathis & Co.Supreme Court of Alabama · 1895
3Cited by9 opinions
- Sovereign Camp, W. O. W. v. AdamsSupreme Court of Alabama · 1920
- Byars v. JamesSupreme Court of Alabama · 1922
- Holmes v. BlochSupreme Court of Alabama · 1916
- Franklin Life Ins. Co. v. BrantleySupreme Court of Alabama · 1936
- Mitchell v. Birmingham News Co.Supreme Court of Alabama · 1931
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