Mendenhall v. Leivy
Missouri Court of Appeals
Appeal from the Cass Circuit Court. — Hon. Charles W. Sloan, Judge. (1) In January, 1889, a married woman’s contract, under the laws of this state, was absolutely void, unless she was possessed of a separate estate at the time of making same. Bank v. Collins, 75 Mo. 281; Arnold v. Brockenbrough, 29 Mo. App. 637, 638; Lee v. Cohick, 39 Mo.
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Appeal from the Cass Circuit Court. — Hon. Charles W. Sloan, Judge. (1) In January, 1889, a married woman’s contract, under the laws of this state, was absolutely void, unless she was possessed of a separate estate at the time of making same. Bank v. Collins, 75 Mo. 281; Arnold v. Brockenbrough, 29 Mo. App. 637, 638; Lee v. Cohick, 39 Mo. App. 675. (2) If it is necessary to show that defendants had a separate estate in J annary, 1889, when the contract is alleged to have been made, then a fortiori it was necessary for plaintiff to allege in his petition that they were the owners of a separate…
1Opinion of the CourtGriLL, J.
— A fair -understanding as to the nature of this case may be gathered from the following statement of the pleadings in the case made by defendants’ counsel:
This is a proceeding in equity, to subject the separate estate of Elizabeth Leivy and Caroline Landauer to the payment of the amount alleged to be due plaintiff, for his services rendered in behalf of said defendants, and damages alleged to have been sustained by him, on account of the breaches of contract sued upon. It is alleged in petition, that on January 4, 1889, plaintiff entered into a written contract with defendants, E. Leivy and…
2Cases cited8 opinions
- Whitesides v. CannonSupreme Court of Missouri · 1856
- Kimm v. WeippertSupreme Court of Missouri · 1870
- Stillwell v. HammSupreme Court of Missouri · 1888
- Donaldson v. County of ButlerSupreme Court of Missouri · 1889
- Coats v. Robinson & HendleySupreme Court of Missouri · 1847
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3Cited by1 opinion
- Jackson v. PowellMissouri Court of Appeals · 1905