May v. May
Nebraska Supreme Court
This was an action brought by Hattie May in the district court for Richardson county upon two promissory notes executed by John May, the first for $1,000 to one Kooken, and by him assigned to the plaintiff, and the second for $728.81 directly to the plaintiff'. Plaintiff and defendant were husband and wife, and the notes sued on were made and delivered and suit brought thereon while they occupied that relation.
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This was an action brought by Hattie May in the district court for Richardson county upon two promissory notes executed by John May, the first for $1,000 to one Kooken, and by him assigned to the plaintiff, and the second for $728.81 directly to the plaintiff'. Plaintiff and defendant were husband and wife, and the notes sued on were made and delivered and suit brought thereon while they occupied that relation. The defense set up in the answer was that said plaintiff, Hattie, was the wife of said defendant, John, and to this answer a demurrer was filed, and, upon argument before Weaver, J.,…
1Opinion of the CourtCobb, J.
Although there is but one practical question presented by the record in this case, yet it will perhaps be found more convenient, for the purpose of its proper consideration, to divide it into two at the outset.
Frst. Does the making and delivery of a promissory note by a married man to his wife for a valuable consideration constitute a valid and binding contract?
Second. Can a married woman while living with her husband maintain an action against him on a promissory note made and delivered by him to her since the .marriage ?
It will be readily conceded that unless we find authority for an…
2Cases cited2 opinions
- Logan v. HallSupreme Court of Iowa · 1865
- Wilson v. WilsonCalifornia Supreme Court · 1868
3Cited by16 opinions
- Imig v. MarchNebraska Supreme Court · 1979
- Alexander v. AlexanderSupreme Court of Virginia · 1888
- Plotkin v. PlotkinSuperior Court of Delaware · 1924
- Bennett v. BennettWest Virginia Supreme Court · 1892
- Heacock v. HeacockSupreme Court of Iowa · 1899
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