Legal Opinion

Cummings v. Everett

Supreme Judicial Court of Maine

Decided January 20, 1890PublishedCited by 20 opinions

On exceptions. This 'was' an action upon a joint note of the defendants, the only defense being interposed was that the female defendant at the time of signing the note was an infant, the wife of the other defendant, and at the time of the trial was still under the age of twenty-one years. The presiding justice ruled that the action could be maintained against both defendants, who excepted to the ruling.

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On exceptions. This 'was' an action upon a joint note of the defendants, the only defense being interposed was that the female defendant at the time of signing the note was an infant, the wife of the other defendant, and at the time of the trial was still under the age of twenty-one years. The presiding justice ruled that the action could be maintained against both defendants, who excepted to the ruling. First section of c. 61, R. S., begins, “A married woman of any age,” etc. The following sections, referring back and making the chapter continuous, say, “she may receive,” “she is liable,”…

1Opinion of the CourtEmery, J.

This was an action upon a joint note signed by the two defendants, who were husband and wife. The wife was a minor, under the age of twenty-one years, at the time of signing *262the note and at the time of the trial. She pleaded that fact in bar, which plea was overruled by the presiding justice, and she excepted.

At common law she would have been under two disabilities as to promissory notes, that of infancy and that of coverture. Both of .these disabilities were in the very web and woof of the common law, but for very different reasons and purposes. The disabilities of infancy were imposed for…

2Cited by20 opinions

  1. Bd. of Com'rs of Creek v. Alexander, St. TreasurerSupreme Court of Oklahoma · 1916
  2. Mundy Ex Rel. Pamela v. SimmonsSupreme Judicial Court of Maine · 1980
  3. In Re RebenSupreme Judicial Court of Maine · 1975
  4. Brown v. WarchalowskiSupreme Judicial Court of Maine · 1984
  5. Inman v. WillinskiSupreme Judicial Court of Maine · 1949

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