Batchelder v. Sargent
Supreme Court of New Hampshire
Assumpsit on a promissory note signed by the defendant. Defence, that the defendant at the time of the making and giving said note was a married woman. The parties agree upon the following statement of facts : At the time of the making and giving of said note, the defendant was, and still is, the wife of Samuel Sargent. At that time she was the owner of a farm in Canterbury, on which she and her said husband then, and ever since have resided.
Read the full summary
Assumpsit on a promissory note signed by the defendant. Defence, that the defendant at the time of the making and giving said note was a married woman. The parties agree upon the following statement of facts : At the time of the making and giving of said note, the defendant was, and still is, the wife of Samuel Sargent. At that time she was the owner of a farm in Canterbury, on which she and her said husband then, and ever since have resided. Said farm was conveyed to her, several years previously, to her sole and separate use, free from the interference and control of her said husband. The…
1Opinion of the CourtBellows, J.
The decision of this case must turn upon the question whether the note is to be regarded as a contract made in respect to the farm, for the use of winch the stock was bought, within the meaning of the law of 1846, ch. 327, sec. 4; Comp. Stat. ch. 159, sec. 15.
Under this statute it has been settled that the note of a- married woman given upon a contract not relating to the property held to her sole use, cannot, in a suit at law, be recovered, Bailey v. Pearson, 29 N. H. 79; that a married woman may lease such property, even to her own husband, Albin v. Lord, 39 N. H. 196 ;• and that no action…
2Cases cited6 opinions
- Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
- Yale v. . DedererNew York Court of Appeals · 1860
- Gardner v. GardnerCourt for the Trial of Impeachments and Correction of Errors · 1839
- Trustees of Methodist Episcopal Church v. JaquesNew York Court of Chancery · 1817
- Ozley v. IkelheimerSupreme Court of Alabama · 1855
1 more not listed; retrieve them via the Exa API.