Meier & Frank Co. v. Bruce
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. P. McCarthy, Judge. Action on contract. Judgment for plaintiff. It is nowhere alleged in the complaint that the debt sued upon was incurred for the use and benefit of the separate estate of the appellant. The failure to so allege is fatal; no recovery can be had against a married woman without such an allegation and proof thereof.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. P. McCarthy, Judge. Action on contract. Judgment for plaintiff. It is nowhere alleged in the complaint that the debt sued upon was incurred for the use and benefit of the separate estate of the appellant. The failure to so allege is fatal; no recovery can be had against a married woman without such an allegation and proof thereof. (McFarland v. Johnson, 22 Ida. 694, 127 Pac. 911; Bank of Commerce v. Baldwin, 12 Ida. 202, 85 Pac. 497, 14 Ida. 75, 93 Pac. 504, 17 L. R. A., N. S., 676; Strode v. Miller, 7…
1Dissent
BUDGE, C. J.,
Dissenting. — I am unable to concur in the opinion of my associates, and, in view of the fact that what I believe to be the settled policy of this state is being departed from, I shall state briefly my reasons for dissenting. I am not unmindful of the fact that the rule announced in the majority opinion has been announced in many jurisdictions and is sustained by respectable authority, but my examination of the cases has convinced me that there is no uniform rule, and I find that in many jurisdictions a different rule has been followed.
/Under the common law, for reasons based…
2Cases cited5 opinions
- Ruhe v. BuckSupreme Court of Missouri · 1894
- Armstrong, Cator & Co. v. BestSupreme Court of North Carolina · 1893
- First National Bank of Geneva v. ShawTennessee Supreme Court · 1902
- Mandell Bros. v. FoggMassachusetts Supreme Judicial Court · 1903
- Brown v. DaltonCourt of Appeals of Kentucky · 1899