Legal Opinion

Schillinger v. Boes

Court of Appeals of Kentucky

Decided March 12, 1887PublishedCited by 11 opinions

Case 49 — PETITION EQUITY APPEAL FROM LOUISVILLE LAW AND EQUITY COURT 1. Appellant, Mrs. Boes, was empowered to trade as a feme sole, and had power to create the debts sued on. (Hart v. Grigsby, 14 Bush, 554.) 2. The certificates or policies of insurance in the three benefit societies were originally made payable to her, and created a vested estate and property right in her, which was subject to her debts.

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Case 49 — PETITION EQUITY APPEAL FROM LOUISVILLE LAW AND EQUITY COURT 1. Appellant, Mrs. Boes, was empowered to trade as a feme sole, and had power to create the debts sued on. (Hart v. Grigsby, 14 Bush, 554.) 2. The certificates or policies of insurance in the three benefit societies were originally made payable to her, and created a vested estate and property right in her, which was subject to her debts. (Weisert v. Muehl, 81 Ky., 336.) 3. The charters of the different societies provided that the insurance fund should be exempt from the debts of the “member,” but did not exempt it from the…

1Opinion of the Court

CHIEP JUSTICE PRYOR,

delivered the opinion oe the court.

The plaintiff below, who is the appellant in this court, instituted this action , against the appellee, Catharine Boes, to recover the amount of five notes alleged to have been paid off by him as her surety.

The indebtedness was created by the appellee while she was a feme covert, but while conducting a grocery store in her own name, she having been empowered, to trade as a feme sole by the chancellor, under the provisions of the statute enacted for such purposes.

She denies her liability for any of the debts, and attempts to show that the…

2Cases cited2 opinions

  1. Basye v. AdamsCourt of Appeals of Kentucky · 1883
  2. Geiger v. McLinCourt of Appeals of Kentucky · 1879

3Cited by11 opinions

  1. Supreme Conclave v. CappellaU.S. Circuit Court for the District of Eastern Michigan · 1890
  2. Holmes v. MarshallCalifornia Supreme Court · 1905
  3. Hoeft v. Supreme Lodge Knights of HonorCalifornia Supreme Court · 1896
  4. Johnson v. FotieSupreme Court of Missouri · 1958
  5. Brown v. BalfourSupreme Court of Minnesota · 1891

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