Heiman v. Fisher
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Thayer, J. The general creditors of a married woman have no direct “ charge” or “ lien ” on her separate estate. ' Her debts are simple obligations, and bear the’same relation to her property as do the debts of a feme sole to her property. Her relation to her general creditors is that of an ordinary debtor to his creditors. The only distinction pertains to the remedy.
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Appeal from the St. Louis Circuit Court, Thayer, J. The general creditors of a married woman have no direct “ charge” or “ lien ” on her separate estate. ' Her debts are simple obligations, and bear the’same relation to her property as do the debts of a feme sole to her property. Her relation to her general creditors is that of an ordinary debtor to his creditors. The only distinction pertains to the remedy. In the one case the property is reached through legal process; in the other, through, equitable process. — Miller v. Brown, 47 Mo. 507; Whitesides v. Cannon, 23 Mo. 467 ; Staley v.…
1Opinion of the CourtBakewell, J.
Heiman & Wall filed a petition alleging that Alice C. Fisher, with her husband’s assent, carried on business as,a. sole trader in millinery goods, all the property in the store in which she carried on her business, being her separate property; that Mrs. Fisher, on the faith of this separate estate, purchased for her business, goods of the plaintiff, for which she executed her note, on which $700 is due ; that the debt so created is a charge upon the estate ; that, by reckless management and fraudulent concealment of the proceeds of the sales, the stock has been reduced in value, in the three…
2Cases cited6 opinions
- M'Dermutt v. StrongNew York Court of Chancery · 1820
- Todd v. LeeWisconsin Supreme Court · 1862
- Purdy v. DoyleNew York Court of Chancery · 1829
- Barber v. KilbournWisconsin Supreme Court · 1863
- Staley v. HowardMissouri Court of Appeals · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Union Bank of Chicago v. Kansas City BankSupreme Court of the United States · 1890
- City of St. Louis v. O'Neil Lumber Co.Supreme Court of Missouri · 1893
- City of St. Louis v. KeaneMissouri Court of Appeals · 1887
- City of St. Louis v. O'Neil Lumber Co.Missouri Court of Appeals · 1890
- The Jennings Sewer Dist. v. PitcairnMissouri Court of Appeals · 1945