McKee v. Reynolds
Supreme Court of Iowa
Appeal from Jasper District Court. Married women : power to contract : liability : release OE DOWER : AGREEMENT TO SEPARATE, ETC.-Action at law by the payee against the maber of the following promissory note: “ $1,000. On, etc., I promise to pay to Robert McKee or order $1,000, with 10 per cent interest from date, value received, Jan. 7, 1868. (Signed) SARAH F. REYNOLDS.”
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Appeal from Jasper District Court. Married women : power to contract : liability : release OE DOWER : AGREEMENT TO SEPARATE, ETC.-Action at law by the payee against the maber of the following promissory note: “ $1,000. On, etc., I promise to pay to Robert McKee or order $1,000, with 10 per cent interest from date, value received, Jan. 7, 1868. (Signed) SARAH F. REYNOLDS.” The petition is in the ordinary form, alleging the execution of the note by the defendant, its non-payment, and demanding a personal judgment agamst her for the amount thereof with interest and costs. The consideration of…
1Opinion of the Court
Dillon, Ch. J.
1. husband and wife : sale and conveyance of dower right, I. Aside from statute, the promissory note of a married woman is absolutely void at law, and no judgment can be rendered thereon against her. Jones v. Crosthwaite, 17 Iowa, 393, and ' ' 3 authorities cited on p. 397.
The case referred to examines the question how far the statute has removed the common law disability of a married woman to make contracts which shall be binding upon her at law and upon which a personal judgment may be rendered against her. Since then other cases have been decided respecting the statute powers…
2Cases cited9 opinions
- Carson v. MurrayNew York Court of Chancery · 1831
- White v. . WagerNew York Court of Appeals · 1862
- Martin's Heirs v. MartinSupreme Court of Alabama · 1853
- Blake v. BlakeSupreme Court of Iowa · 1858
- Jones v. CrosthwaiteSupreme Court of Iowa · 1864
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Rains v. WheelerTexas Supreme Court · 1890
- Rice v. NelsonSupreme Court of Iowa · 1869
- Kuehn v. KuehnCourt of Appeals of Texas · 1921
- Garner v. FrySupreme Court of Iowa · 1898
- Huston v. SeeleySupreme Court of Iowa · 1869
12 more not listed; retrieve them via the Exa API.