Farmington National Bank v. Buzzell
Supreme Court of New Hampshire
Assumpsit, upon two joint and several promissory notes, made in 1878, signed by the defendants, and payable to the plaintiffs of order. The name of Josie M. F. Buzzell was first upon the notes. Samuel H. Buzzell and Jacob P. Buzzell were defaulted.
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Assumpsit, upon two joint and several promissory notes, made in 1878, signed by the defendants, and payable to the plaintiffs of order. The name of Josie M. F. Buzzell was first upon the notes. Samuel H. Buzzell and Jacob P. Buzzell were defaulted. Josie M. F. Buzzell pleaded that at the time of making the promises she was and still is the wife of said Samuel H. Buzzell, and that the promises were made as surety for her husband; and upon the trial the issue was, whether the defendant,- Josie M. F. Buzzell, signed the notes as surety, or in behalf of her husband, or as principal. . • . ■ The…
1Opinion of the CourtFoster, J.
The question presented by the case is, Can a wife bind herself as a surety for her husband? It is conceded that at common - law she could not, acting for herself, enter into such a contract. But the common law disability of married women, as judicially interpreted in a former state of society, has been essentially modified by the development of a later and different state of society ; and their rights have been enlarged and defined both by adjudication and legislation. In this case it is attempted to hold Mrs. Buzzell personally liable as the surety of her husband on the notes in suit.…
2Cases cited3 opinions
- Jackson, ex dem. Clowes v. VanderheydenNew York Supreme Court · 1819
- Major v. HolmesMassachusetts Supreme Judicial Court · 1878
- Yale v. WheelockMassachusetts Supreme Judicial Court · 1872
3Cited by5 opinions
- Parsons v. McLaneSupreme Court of New Hampshire · 1887
- State v. HutchinsSupreme Court of New Hampshire · 1919
- White Mountain National Bank v. MalloySupreme Court of New Hampshire · 1944
- Farmington Savings Bank v. BuzzellSupreme Court of New Hampshire · 1882
- Wilson v. MillsSupreme Court of New Hampshire · 1890