Legal Opinion

Farrar v. Emery

Supreme Court of Iowa

Decided October 27, 1879PublishedCited by 4 opinions

Appeal from Dallas Circuit Court Action at law, judgment against plaintiffs upon a demurrer to their petition. They now .appeal to this court. The facts of the case ars fully stated in the opinion.

1Opinion of the Court

Beck, Oh. J.

— The petition alleges that James Emery executed a promissory note to plaintiffs, which is set out in the petition; that at the time of the execution of the note defendant 'Emery, was the wife of James Emery, who has since died; that the note was given for a sewing machine purchased by her husband for the use of the family and was so used, and that the purchase of the machine was a proper family expense. The petition asks a personal judgment against the wife, who is the sole defendant.

The defendant demurred to the petition on the ground that defendant was not personally liable,…

2Cases cited2 opinions

  1. Smedley v. FeltSupreme Court of Iowa · 1875
  2. Smedley v. FeltSupreme Court of Iowa · 1876

3Cited by4 opinions

  1. Frost v. ParkerSupreme Court of Iowa · 1884
  2. Dodd v. St. JohnOregon Supreme Court · 1892
  3. Gilman v. MatthewsColorado Court of Appeals · 1904
  4. Gilman v. MatthewsColorado Court of Appeals · 1904

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