Hoker v. Boggs
Illinois Supreme Court
Appeal from the Circuit Court of Mason county; the Hon. Charles Turner, Judge, presiding. Peter Hoker made his promissory note, in the usual form, payable in one year to the order of Mary A. Hoker, who was his wife, who indorsed it over, before maturity, to James W. Boggs. The court having entered judgment on the note, the case comes to this court on appeal.
1Opinion of the CourtJustice Thornton
The note sued on was ‘executed by a husband to his wife. It was not given for money due to the wife as a matter of right, or for her separate property derived from other persons than her husband, and which the statute was designed to protect.
The wife indorsed the note to appellee, and as the act to protect married women in their separate property has no application, the principles of the common law must control the rights of the parties.
Blackstone says: “ By marriage, the husband and wife are one person in law, that is, the very being or legal existence of the woman is suspended during…
2Cases cited2 opinions
- Snider v. Ridgeway ex rel. PikeIllinois Supreme Court · 1869
- Pike v. BakerIllinois Supreme Court · 1870
3Cited by5 opinions
- Brandt v. KellerIllinois Supreme Court · 1952
- Buckeye v. BuckeyeWisconsin Supreme Court · 1931
- Heacock v. HeacockSupreme Court of Iowa · 1899
- Erringdale v. RiggsIllinois Supreme Court · 1894
- Kohn v. CollisonSuperior Court of Delaware · 1893