Haggett v. Hurley
Supreme Judicial Court of Maine
On Motion and Exceptions by Defendant. This was an action of assumpsit on account annexed for a quantity of kiln wood. The writ was against William P. Hurley and Frances E. Hurley, who are husband and wife, as copartners under the firm name and style of “ The Rockland Lime Co.” Both defendants seasonably filed their affidavits denying the partnership alleged in the' writ.
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On Motion and Exceptions by Defendant. This was an action of assumpsit on account annexed for a quantity of kiln wood. The writ was against William P. Hurley and Frances E. Hurley, who are husband and wife, as copartners under the firm name and style of “ The Rockland Lime Co.” Both defendants seasonably filed their affidavits denying the partnership alleged in the' writ. Before trial William P. Hurley became defaulted and the defendant, Frances E. Hurley, pleaded the general issue. At' the trial the plaintiff contended and introduced testimony which he claimed tended to prove that when his…
1Opinion of the CourtEmery, J.
The important and decisive question is whether a married woman can enter into the relation of a business partnership with her husband, and thus subject herself and her separate *546estate to liability for tbe partnership debts contracted in the name of the partnership. The plaintiff, of course, concedes that the affirmative of this question is without support from the common law and must be based solely on some enabling statute. He contends however that it is fully sustained by the statute, R..S., c. 61, § 4, the full text of which is as follows:—
“Sec. 4. A husband married since April 26,…
2Cases cited16 opinions
- Schofield v. JonesSupreme Court of Georgia · 1890
- Haas v. ShawIndiana Supreme Court · 1883
- Wells v. CaywoodSupreme Court of Colorado · 1877
- Artman v. FergusonMichigan Supreme Court · 1888
- Succession of PilcherSupreme Court of Louisiana · 1887
11 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Caswell v. Maplewood GarageSupreme Court of New Hampshire · 1930
- Hunter v. TotmanSupreme Judicial Court of Maine · 1951
- Hoaglin v. C. M. Henderson &. Co.Supreme Court of Iowa · 1903
- Acheson v. JohnsonSupreme Judicial Court of Maine · 1952
- Depositors Trust Company of Augusta v. JohnsonSupreme Judicial Court of Maine · 1966
18 more not listed; retrieve them via the Exa API.