Legal Opinion

Kneil v. Egleston

Massachusetts Supreme Judicial Court

Decided October 24, 1885PublishedCited by 15 opinions

Contract, in two counts, by the administratrix of the estate of Waitey Ann Noble, against the administrator de bonis non with the will annexed of the estate of Augustus Noble. The first count was for money lent, and the second count was for money had and received.

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Contract, in two counts, by the administratrix of the estate of Waitey Ann Noble, against the administrator de bonis non with the will annexed of the estate of Augustus Noble. The first count was for money lent, and the second count was for money had and received. At the trial in the Superior Court, without a jury, it appearing upon the reading of the papers, and from the statements of counsel, that Augustus Noble and Waitey Ann Noble in their lifetime were husband and wife, and that this action was brought to recover from the husband’s estate a sum of money which he received from his wife a…

1Opinion of the CourtDeyens, J.

We do not perceive how, consistently with well-settled principles, the plaintiff in this case can recover. While, by statute, the wife may make contracts in the same manner as if she were sole, no authority has been given by which husband and wife may make contracts each with the other. St. 1874, e. 184, § 1. Pub. Sts. a. 147, § 2. Their legal incapacity thus to contract remains as at common law. At law, it has been repeatedly decided in this Commonwealth that a promissory note, or any other personal contract, made between the husband and wife, is absolutely void. Ingham v. White, 4 Allen,…

2Cases cited4 opinions

  1. Bacon v. ParkerMassachusetts Supreme Judicial Court · 1884
  2. Butler v. IvesMassachusetts Supreme Judicial Court · 1885
  3. Fowle v. TorreyMassachusetts Supreme Judicial Court · 1883
  4. Bassett v. BassettMassachusetts Supreme Judicial Court · 1873

3Cited by15 opinions

  1. Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
  2. Kearney v. . VannSupreme Court of North Carolina · 1911
  3. Atkins v. AtkinsMassachusetts Supreme Judicial Court · 1907
  4. Gahm v. GahmMassachusetts Supreme Judicial Court · 1923
  5. Kelley v. ThompsonMassachusetts Supreme Judicial Court · 1902

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