Flaum v. Wallace Bros.
Supreme Court of North Carolina
Civtl ACTrox, tried before flmic-K J., at February Term, 1889, of Iredell Superior Court. The plaintiffs were Anna Fiaum and her husband, the defendants the members composing the mercantile firm of Wallace Brothers.
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Civtl ACTrox, tried before flmic-K J., at February Term, 1889, of Iredell Superior Court. The plaintiffs were Anna Fiaum and her husband, the defendants the members composing the mercantile firm of Wallace Brothers. The complaint alleged, in substance, that for value received of the plaintiff, Anna Flaum, the defendants, in their firm name of “Wallace Bros.,” made and delivered to said Anna Flaum, on March 5, 1886, the promissory nofe, a copy of which is hereafter given ; that no part of said note had been paid, but the whole was still due. The answer admitted the execution of the note, and…
1Opinion of the CourtShepherd, J.
For the first time, we believe, in this State, is the important question presented, whether a married woman may, with the written consent of her husband, expressly charge her statutory separate estate by an engagement in the nature of an executory contract, where the consideration is not for her benefit, or for the benefit of the estate.
As the writing relied upon by the defendants in this case relates only to money, our decision is applicable to the separate personal estate alone.
It is well established, except in the cases mentioned in The Code, §§ 1828, 1831, 1832, 1836. that “at law a. feme…
2Cases cited15 opinions
- Yale v. . DedererNew York Court of Appeals · 1858
- Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
- Yale v. . DedererNew York Court of Appeals · 1860
- Corn Exchange Insurance v. BabcockNew York Court of Appeals · 1870
- Dougherty v. . SprinkleSupreme Court of North Carolina · 1883
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3Cited by37 opinions
- Farthing v. . ShieldsSupreme Court of North Carolina · 1890
- Warren v. . DailSupreme Court of North Carolina · 1915
- Thurber. Whyland & Co. v. LaRoqueSupreme Court of North Carolina · 1890
- Armstrong, Cator & Co. v. BestSupreme Court of North Carolina · 1893
- Stephens v. . HicksSupreme Court of North Carolina · 1911
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