Legal Opinion

Rosenheim v. Hartsock

Supreme Court of Missouri

Decided October 15, 1886PublishedCited by 23 opinions

Appeal from Linn Circuit Court. — S. P. Ho us ton,, Esq., Special Judge. (1) The contract of a married woman for goods sold- and delivered is not a present lien on her separate estate, but is only made so by decree to that effect-Kelley on Contracts of Married Women, p. 238, p. 250, note 1, p. 284, note 1, p. 285 ; Com. Exchange v. Babcock, 42 N. Y. 613 ; Armstrong v. Boss, 20 N. J. Eq. 109 ; 12 Cent.

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Appeal from Linn Circuit Court. — S. P. Ho us ton,, Esq., Special Judge. (1) The contract of a married woman for goods sold- and delivered is not a present lien on her separate estate, but is only made so by decree to that effect-Kelley on Contracts of Married Women, p. 238, p. 250, note 1, p. 284, note 1, p. 285 ; Com. Exchange v. Babcock, 42 N. Y. 613 ; Armstrong v. Boss, 20 N. J. Eq. 109 ; 12 Cent. Law Jour. 289 ; Davis v. Smith, 75 Mo. 225 ; Klenke v. Koeltze, 75 Mo. 239 ; Freeman on Judg. 196. (2) The judgment is a general judgment against a married woman, and is void. St. Louis to use,…

1Opinion of the CourtSherwood, J.

—Ejectment for south half of northwest quarter of section 1, township 57, range 19, Linn county. -Pleading in usual form. Both parties claim title under Julia McQuarters, a married woman. The case was tried on this agreed statement of facts :

That Mrs. McQuarters obtained credit with plaintiffs, merchants in St. Louis, for a stock of goods ; that when the debt became due and was unpaid, plaintiffs filed and recorded the equitable statutory notice in the recorder ’ s office in Linn county, as follows :

*360“Mathilda Rosenheim, Leo Levis, Plaintiffs,

vs.

“Julia McQuarters, Jno. McQuarters, Sarah A.…

2Cases cited9 opinions

  1. Hardin v. LeeSupreme Court of Missouri · 1873
  2. Gray v. BowlesSupreme Court of Missouri · 1881
  3. Miller v. BrownSupreme Court of Missouri · 1871
  4. O'Reilly v. NicholsonSupreme Court of Missouri · 1869
  5. McIlwrath v. HollanderSupreme Court of Missouri · 1880

4 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. O'Brien v. People ex rel. Kellogg Switchboard & Supply Co.Illinois Supreme Court · 1905
  2. Foltz v. St. Louis & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1894
  3. Board of Com'rs v. PlattCourt of Appeals for the Eighth Circuit · 1897
  4. Tube City Mining & Milling Co. v. OttersonArizona Supreme Court · 1914
  5. Hope v. BlairSupreme Court of Missouri · 1891

18 more not listed; retrieve them via the Exa API.

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