First National Bank of Newport v. Hunton
Supreme Court of New Hampshire
Assumpsit, on a promissory note. The plaintiffs’ evidence-tended to show that the consideration for the note was a loan by them to the defendant of $1,500 ; that they expected she would use the money to take up a note of like amount given by a firm of which her husband was a member and held by the plaintiffs, but that she could use the money for this purpose or not, as she chose.
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Assumpsit, on a promissory note. The plaintiffs’ evidence-tended to show that the consideration for the note was a loan by them to the defendant of $1,500 ; that they expected she would use the money to take up a note of like amount given by a firm of which her husband was a member and held by the plaintiffs, but that she could use the money for this purpose or not, as she chose. The defendant’s evidence tended to show that the money was loaned upon condition that she should use it to take up the-husband’s note. The plaintiffs excepted to the refusal to direct a verdict in their favor, and…
1Opinion of the CourtPeaslee, J.
“ No contract or conveyance by a married woman, as surety or guarantor for her husband, nor any undertaking by her for him or in his behalf, shall be binding on her.” P. S., c. 176, s.. 2. “ The only reasonable construction that can be given to the exception in the statute, exonerating .a married woman from her contract made in behalf of her husband, is one confining it to contracts with third persons to pay or guarantee the páyment of her husband’s indebtedness to them, and the performance of his contracts with them.” Farnham v. Fox, 62 N. H. 673, 674. One purpose of the statute was “ to…
2Cases cited3 opinions
- Parsons v. McLaneSupreme Court of New Hampshire · 1887
- Wells v. FosterSupreme Court of New Hampshire · 1888
- Farnham v. FoxSupreme Court of New Hampshire · 1883
3Cited by2 opinions
- First National Bank v. BertoliSupreme Court of Vermont · 1914
- White Mountain National Bank v. MalloySupreme Court of New Hampshire · 1944