Spencer v. Stockwell
Supreme Court of Vermont
Assumpsit upon a promissory note. Héard on an agreed statement, at the April Term-, 1903, Windham County, Mun-son, J., presiding. Judgment for the plaintiff. The defendant excepted. The note in question is payable to “Rosa B. Richardson,, or order.” The opinion states the other facts. V. S. 2644, does not give the wife the right to sue her husband. This is really the case of a wife suing her husband.. A note from husband to^ wife is void.
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Assumpsit upon a promissory note. Héard on an agreed statement, at the April Term-, 1903, Windham County, Mun-son, J., presiding. Judgment for the plaintiff. The defendant excepted. The note in question is payable to “Rosa B. Richardson,, or order.” The opinion states the other facts. V. S. 2644, does not give the wife the right to sue her husband. This is really the case of a wife suing her husband.. A note from husband to^ wife is void. Sweat v. Hall, 8 Vt. 187; Mllsworth v. Hopkins, 58 Vt. 705. The right of action which the wife had was destroyed by the marriage. Miller v. Miller, 44.Pa.…
1Opinion of the CourtTyler, J.
It appears by the agreed statement of facts, that the defendant being indebted to Rosa B. Shepardson for money that she had loaned him, gave her his promissory note for the amount; that a few months afterwards the parties intermarried, and that the marriage relation has ever since existed between them; that the note belongs to the wife and was overdue when, this suit was brought; that she indorsed it to the plaintiff for the purpose of collection only, and that suit was brought after demand of payment.
I. Under the Married Women’s Act, No. 84, laws of 1884, which is incorporated into V. S.…
2Cases cited6 opinions
- Butler v. IvesMassachusetts Supreme Judicial Court · 1885
- Chapman v. KelloggMassachusetts Supreme Judicial Court · 1869
- Abbott v. WinchesterMassachusetts Supreme Judicial Court · 1870
- Mary J. v. Solon BurroughsSupreme Court of Vermont · 1889
- Sweat v. HallSupreme Court of Vermont · 1836
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bronson v. BradyDistrict of Columbia Court of Appeals · 1906