Smith v. Kaufman
Supreme Court of Arkansas
■ Appeal from Yell Chancery Court, Dardanelle District; Jordan Sellers, Chancellor; 1. The firm of Kaufman & Wilson, the payee of the notes, was not in existence at the time the notes and mortgage were executed, as Wilson, one of the partners, had died and the partnership ceased. 6 Cadman’s Cyc. of Law, p. 21, note. 2. The notes and mortgage were void because defendant, payor, was a married woman, the enabling act not having been passed until afterward.
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■ Appeal from Yell Chancery Court, Dardanelle District; Jordan Sellers, Chancellor; 1. The firm of Kaufman & Wilson, the payee of the notes, was not in existence at the time the notes and mortgage were executed, as Wilson, one of the partners, had died and the partnership ceased. 6 Cadman’s Cyc. of Law, p. 21, note. 2. The notes and mortgage were void because defendant, payor, was a married woman, the enabling act not having been passed until afterward. Acts 1915, p. 684; Acts 1873, p. 382; -39 Ark. 238; 70 Id 167. In the absence of a statute giving her power, a married woman, in purchasing…
1Opinion of the CourtWood, J.
The appellee, as surviving partner of the firm of Kaufman & Wilson, on the 15th day of December, 1916, instituted this action against the appellant to recover on ten promissory notes each for $31.32, all bearing interest at the rate of ten per cent, per annum from date until paid. The notes were dated February 5, 1915, and the first note was due October 1, 1915, and the last one due October 1, 1924. The appellee alleged that the appellant on the 25th day of January, 1915, executed a mortgage to Kaufman & Wilson on five acres of land carved out of the northwest qorner of the northwest quarter…
2Cases cited2 opinions
- Ellenbogen v. GriffeySupreme Court of Arkansas · 1892
- Blodgett v. City of MuskegonMichigan Supreme Court · 1886
3Cited by22 opinions
- Hare v. General Contract Purchase Corp.Supreme Court of Arkansas · 1952
- Sloan v. Sears, Roebuck & Co.Supreme Court of Arkansas · 1957
- Verbeck v. ClymerCalifornia Supreme Court · 1927
- General Motors Acceptance Corp. v. WeinrichMissouri Court of Appeals · 1924
- Crisco v. Murdock Acceptance Corp.Supreme Court of Arkansas · 1953
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