Thompson v. Minnich
Illinois Supreme Court
Appeal from the Circuit Court of Bureau county; the Hon. S. C. Stougi-i, Judge, presiding. Appellant was the daughter of Mary V. Saunders, and when she was about two years old her mother became quite ill, and being in very reduced circumstances, Mary M. McArthur took appellant to her home to care for her during her mother’s illness. Mrs. McArthur cared for the child until the mother’s health was improved, when she returned her to her mother.
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Appeal from the Circuit Court of Bureau county; the Hon. S. C. Stougi-i, Judge, presiding. Appellant was the daughter of Mary V. Saunders, and when she was about two years old her mother became quite ill, and being in very reduced circumstances, Mary M. McArthur took appellant to her home to care for her during her mother’s illness. Mrs. McArthur cared for the child until the mother’s health was improved, when she returned her to her mother. It appears from the evidence that when Mrs. McArthur returned the child to its mother, the mother said she was not able to take care of her and asked…
1Opinion of the CourtJustice Vickers
In the view we take of this case it will only be necessary to consider the question raised as to the capacity of Mrs. McArthur to enter into the contract set out in the foregoing statement.
The contracts of married women under the common law as it existed in England prior to 1870 and in this State until the passage of what is commonly called the Married Woman’s' act, in 1861, were absolutely void at law, and were equally so in equity so far as imposing any personal obligations is concerned. Subject to certain limitations she might bind her “separate estate,” but could not create any personal…
2Cases cited10 opinions
- In re the Will of TullerIllinois Supreme Court · 1875
- Williams v. PaineSupreme Court of the United States · 1898
- Snell v. SnellIllinois Supreme Court · 1888
- Brick v. . CampbellNew York Court of Appeals · 1890
- Cole v. RiperIllinois Supreme Court · 1867
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3Cited by4 opinions
- Steinberger v. YoungCalifornia Supreme Court · 1917
- Warner v. WarnerIllinois Supreme Court · 1908
- Lawler v. ByrneIllinois Supreme Court · 1911
- Barrow v. PhillipsAppellate Court of Illinois · 1928