Hadley v. Brown
Supreme Court of Kansas
Appeal from Wymdotte County. The note sued on was drawn payable to Eliza Brown or order. The defendant below offered to prove that the note was actually the property of Isaac W. Brown, husband of the said Eliza, and that the defendant below had paid the money due on the note as a garnishee in an action against said Isaac "W\ Brown.
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Appeal from Wymdotte County. The note sued on was drawn payable to Eliza Brown or order. The defendant below offered to prove that the note was actually the property of Isaac W. Brown, husband of the said Eliza, and that the defendant below had paid the money due on the note as a garnishee in an action against said Isaac "W\ Brown. The evidence was rejected, by the Court below, and defendant below duly excepted and brought the ease up on a bill of exceptions.- Several specific questions of the admissibility of evidence were shown by the bill of exceptions, but the Court decided the case on…
1Opinion of the Court
By the Court,
Kingman, J.
The defendant in error brought suit on a note given to her, alleging that she was a married woman, and that the note was her sole, individual, and separate property. The defendant sets up in his answer as a defense, that the note is the property of Isaac Brown, the husband, and not of the plaintiff, and that he has paid the note on a judgment against him as garnishee in favor of a creditor of Isaae "W. Brown.
The defendant in error could only have brought her suit as a married woman in her own name upon the grounds that the note was her sole property. This fact she…
2Cited by1 opinion
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