Work v. Glaskins
Mississippi Supreme Court
In error to the Circuit Court of Hinds county. Hon. Jacob S. Yerger, judge. 1. The wife cannot transfer, by indorsement, a promissory note in which she has an interest; and the taking of the note in their joint names, is an assent on the part of the husband that she shall receive some peculiar benefit from it.
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In error to the Circuit Court of Hinds county. Hon. Jacob S. Yerger, judge. 1. The wife cannot transfer, by indorsement, a promissory note in which she has an interest; and the taking of the note in their joint names, is an assent on the part of the husband that she shall receive some peculiar benefit from it. Draper v. Jackson, 16 Mass. 486. The first section of the Act of 1839, enables a married woman to become possessed of any description of property, and to hold it as her separate property. Henderson v. Warmack, 5 Cushm. 835. The presumption is, therefore, that the note belonged to her,…
1Opinion of the CourtHandy, J.
This was an action of assumpsit founded on a promissory note made by the plaintiff in error, for $650, payable to John B. Steger and Lucy his wife, dated September 20, 1841, and due, 1st September, 1842, the consideration of which was stated on its face to be “ the crop,stock, &c., sold” to the maker. It was specially indorsed by the payees, both husband and wife, to George W. Amos, who indorsed it to the defendant in error.
The defendant below pleaded non assumpsit, and on the trial, read in evidence, the record of a proceeding in attachment, whereby, on the 7th January, 1842, he was summoned…
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