Farnham v. Fox
Supreme Court of New Hampshire
Bill ln Equity, for an accounting and the conveyance of land. The plaintiff Mrs. Farnham loaned to her husband a promissory note and mortgage of hers, then overdue, to pledge as collateral'security for his debt of $100 to the defendant.
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Bill ln Equity, for an accounting and the conveyance of land. The plaintiff Mrs. Farnham loaned to her husband a promissory note and mortgage of hers, then overdue, to pledge as collateral'security for his debt of $100 to the defendant. Without the knowledge or consent of his wife, Farnham pledged the note and mortgage to the defendant to secure a debt of $105, and subsequently, without her knowledge or consent, further pledged them to the defendant to indemnify him for signing a sheriff’s receipt for property of Farnham’s attached on the suit of one of his creditors. The defendant afterwards…
1Opinion of the CourtAllen, J.
The plaintiff Mrs. Farnham had no contract with the defendant. She loaned the note and mortgage to her husband to be used by him for a particular purpose, and to pledge to the defendant to secure her husband’s debt to him of an amount expressly limited. ' The statute of 1876 (Laws of 1876, c. 32; G. L., e. 183, s. 12) established the binding character of all contracts of a married woman, with the express exception of contracts and conveyances made as surety or guarantor for her husband, and undertakings by her for him or in his behalf. By the language of the exception the legislature could…
2Cases cited1 opinion
- Tucker v. New Hampshire Savings BankSupreme Court of New Hampshire · 1877
3Cited by2 opinions
- First National Bank of Newport v. HuntonSupreme Court of New Hampshire · 1898
- White Mountain National Bank v. NoyesSupreme Court of New Hampshire · 1924