Scott v. Taul
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speake. This action was brought by the appellant, J. C. Scott, against C. M. Taul and G. L. Taul, who was his wife, and counted upon a promissory note, which the complaint alleged was transferred, sold and assigned to the plaintiff before the commencement of the action, bona fide for a valuable consideration and without notice of any defenses thereto on the part of the defendants.
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Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speake. This action was brought by the appellant, J. C. Scott, against C. M. Taul and G. L. Taul, who was his wife, and counted upon a promissory note, which the complaint alleged was transferred, sold and assigned to the plaintiff before the commencement of the action, bona fide for a valuable consideration and without notice of any defenses thereto on the part of the defendants. The note was signed by both the defendants, C. M. Taul and G. L. Taul, was set out in haec verba in the complaint, and was in words and figures…
1Opinion of the CourtHaralson, J.
There can be no doubt but that a married woman may, with the assent or concurrence of her husband expressed in writing, execute a note payable in bank, or a bill of exchange, as well as any other contract into which she is authorized to enter by the statute. — Code of 1886, § 2346. She may contract with her husband, subject to the rules of law as to contracts by and between persons standing in confidential relations ; but she can not directly or indirectly become the surety for the husband. — Code of 1886, § 2349. We have recently held that she may convey her land, on an adequate, fair…
2Cases cited3 opinions
- First National Bank v. NelsonSupreme Court of Alabama · 1894
- Osborne v. CooperSupreme Court of Alabama · 1896
- Brown v. First National BankSupreme Court of Alabama · 1893
3Cited by18 opinions
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1908
- Citizens Nat. Bank v. BuckheitAlabama Court of Appeals · 1916
- Evans v. Faircloth-Byrd Mer. Co.Supreme Court of Alabama · 1910
- Hard v. American Trust & Savings BankSupreme Court of Alabama · 1917
- King v. Peoples BankSupreme Court of Alabama · 1899
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