Legal Opinion

Todd v. Lee

Wisconsin Supreme Court

Decided January 15, 1863PublishedCited by 3 opinions

APPEAL from the Circuit Court for Milwaukee county. Action against Lydia A. Lee and Charles F. Lee her husband to charge the separate estate of one of the appellants, Lydia A. Lee, a married -woman, who with the consent of her husband, was a separate trader in the millinery business; with the payment of a certain debt alleged to have been contracted upon the faith-and credit of such estate.

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APPEAL from the Circuit Court for Milwaukee county. Action against Lydia A. Lee and Charles F. Lee her husband to charge the separate estate of one of the appellants, Lydia A. Lee, a married -woman, who with the consent of her husband, was a separate trader in the millinery business; with the payment of a certain debt alleged to have been contracted upon the faith-and credit of such estate. The complaint alleges among other things, that the appellant, Mrs. LeSy- on the 16th day of May, 1860, proposed,to purchase goods of the respond^-ent in her own name, on credit, and then promised the…

1Opinion of the Court

By the Court,

Cole, J.

When this case- was before us on^a former appeal, the chief justice went into, a'very thorough,examination of the general [question, as '.to ho^E&r the separate property of a married woman was consideredun equity liable *483for any contracts, debts and other charges created by her during coverture. The conclusion reached, was that for many purposes-courts-of equity treated a feme covert, in respect to her separate.estate, as a feme sole, and charged such estate with the payment of her debts, contracted: for her benefit upon its faith and credit. This is the well established…

2Cited by3 opinions

  1. Krouskop v. ShontzWisconsin Supreme Court · 1881
  2. Mahler v. WiseWisconsin Supreme Court · 1868
  3. Hill v. MyersOhio Supreme Court · 1889

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