Labaree v. Colby
Massachusetts Supreme Judicial Court
Contract on an account annexed for goods sold to the defendant. Answer, that at the time of the sale she was a married woman living with her husband and not engaged in any separate business.
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Contract on an account annexed for goods sold to the defendant. Answer, that at the time of the sale she was a married woman living with her husband and not engaged in any separate business. At the trial in the superior court, before Lord, J., it appeared that the goods were articles of apparel for the defendant’s own wear; and that at the time of buying them she directed the plaintiffs to charge them to her, and represented that she owned separate estate, inherited from her father, out of which she would pay for them. The judge ruled that this evidence would not support the action, and…
1Opinion of the CourtGray, J.
By the Gen. Sts. c. 108, § 1, the property, both real and personal, which comes to any married woman by gift or grant, remains her separate property; and by § 3 she may bargain, sell and convey her separate real and personal property, enter into any contracts in reference to the same, and sue and be sued in all matters having relation thereto, in the same manner as if she were sole. It was decided in Stewart v. Jenkins, 6 Allen, 300, that a contract by which a married woman acquired separate property was a contract in reference to her separate property within the meaning of the statute, and…
2Cases cited1 opinion
- Brigham v. WeaverMassachusetts Supreme Judicial Court · 1850
3Cited by8 opinions
- Campbell v. WhiteMichigan Supreme Court · 1871
- Charron v. DayMassachusetts Supreme Judicial Court · 1917
- Heburn v. WarnerMassachusetts Supreme Judicial Court · 1873
- Caldwell v. BlanchardMassachusetts Supreme Judicial Court · 1906
- Allen v. FullerMassachusetts Supreme Judicial Court · 1875
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