Legal Opinion

Caldwell v. Renfrew

Supreme Court of Vermont

Decided August 15, 1860No. In 1842 she married the defendant, John .Renfrew, and at the time of the marriage had divers notes and some cash, and other personal property. Neither before nor at the time of this mar-PublishedCited by 16 opinions

Trover for five promissory notes, one for one hundred and fifty dollars, signed by Archibald Caldwell; one for fifty dollars signed by James Caldwell; one for forty-five dollars, signed by Robert Gray ; one for fifty dollars against John Doe, and one for fifty dollars signed by Orrin Heath. The notes signed by Archibald Caldwell, and James Caldwell were payable to Jane Renfrew, or bearer, and the other notes were payable to Jane Renfrew.

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Trover for five promissory notes, one for one hundred and fifty dollars, signed by Archibald Caldwell; one for fifty dollars signed by James Caldwell; one for forty-five dollars, signed by Robert Gray ; one for fifty dollars against John Doe, and one for fifty dollars signed by Orrin Heath. The notes signed by Archibald Caldwell, and James Caldwell were payable to Jane Renfrew, or bearer, and the other notes were payable to Jane Renfrew. Plea the general issue, and trial by jury at the June Term, 1860, — Aldis, J., presiding. It was admitted that Jane Renfrew was the second wife of James…

1Opinion of the CourtBarrett, J.

In the case of Curtis v. Hapgood and trustee, in Windsor county, February Term, 1859, it was decided on full consideration, after two arguments, that the wife’s right would be protected at law against the creditors of the husband, in respect to money loaned and notes taken to herself, under a similar arrangement between herself and her husband to. that which appears to have existed in the present case.

In Richardson, Adm’r v. Estate of Merrill el al., 32 Vt. 27, upon a similar state -of facts, it was held that the wife would hold the notes taken for money loaned as against-the heirs of the…

2Cases cited3 opinions

  1. McDaniels v. LaphamSupreme Court of Vermont · 1849
  2. Richardson v. Estate of MerrillSupreme Court of Vermont · 1859
  3. Holley v. AdamsSupreme Court of Vermont · 1844

3Cited by16 opinions

  1. McCoy v. HyattSupreme Court of Missouri · 1883
  2. Blanchard v. SheldonSupreme Court of Vermont · 1871
  3. Child v. PearlSupreme Court of Vermont · 1870
  4. Hackett v. MoxleySupreme Court of Vermont · 1892
  5. Emery v. CloughSupreme Court of New Hampshire · 1885

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