Hayward v. Barker
Supreme Court of Vermont
General Assumpsit brought to the Municipal Court of Rut-land. Trial by the court, Everts, J. It appeared that the debt that was sought to be recovered was incurred by the defendant wife before her intermarriage with the defendant husband, and while she was the wife of one Washburn, but while she lived apart from him.
Read the full summary
General Assumpsit brought to the Municipal Court of Rut-land. Trial by the court, Everts, J. It appeared that the debt that was sought to be recovered was incurred by the defendant wife before her intermarriage with the defendant husband, and while she was the wife of one Washburn, but while she lived apart from him. It appeared that Washburn deserted her without any agreement for separation or for separate maintenance, and contributed nothing to her support; that she, being engaged in no business, supported herself by such work as she could get to do; and that, while she was living apart…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
Whether this suit can be maintained depends on the legal quality and force of the promise made by the wife after her divorce from her first husband, and while sole, before marrying her present husband, the co-defendant in this case. The property for the payment for which she made the promise while so sole, had been sold to her while under coverture with her former husband. If that promise' so bound her that an action could have been maintained upon it against her before marrying her present husband, then this action can be maintained against…
2Cases cited3 opinions
- Boothe v. FitzpatrickSupreme Court of Vermont · 1864
- Glass v. BeachSupreme Court of Vermont · 1833
- Barlow v. SmithSupreme Court of Vermont · 1832
3Cited by8 opinions
- First National Bank v. BertoliSupreme Court of Vermont · 1914
- Peters v. Estate of PoroSupreme Court of Vermont · 1922
- Server v. LangSupreme Court of Vermont · 1918
- Hubbard v. BugbeeSupreme Court of Vermont · 1885
- Re Estate of PerkinsSupreme Court of Vermont · 1893
3 more not listed; retrieve them via the Exa API.