Turner v. Gill
Court of Appeals of Kentucky
Case 53 — ACTION ON NOTE Mrs. Turner could not b'e bound as surety, because she was a married woman. Her right to bind herself as feme sole, is not alleged. Bidwell v. Robinson, 79 Ky., 29. 1. Any defect in the reply was cured by the rejoinder. Bliss on Code Pleading, sec. 438. 2. Mrs. Turner’s status as feme sole is shown by the record. Drake’s Admr. v. Semonis, 82 Ky., 291; Wilson v. Hunt’s Admr., 6 B. M„ 379. Additional citation: Stevens v. Deering, 10 Ky.
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Case 53 — ACTION ON NOTE Mrs. Turner could not b'e bound as surety, because she was a married woman. Her right to bind herself as feme sole, is not alleged. Bidwell v. Robinson, 79 Ky., 29. 1. Any defect in the reply was cured by the rejoinder. Bliss on Code Pleading, sec. 438. 2. Mrs. Turner’s status as feme sole is shown by the record. Drake’s Admr. v. Semonis, 82 Ky., 291; Wilson v. Hunt’s Admr., 6 B. M„ 379. Additional citation: Stevens v. Deering, 10 Ky. Law Rep., 393. 1. The disabilities of a married woman are her personal privileges and must be pleaded. 99 Mass., 199; 7 Gray, 338. 2.…
1Dissent
JUDGE PAYNTER and CHIEF-JUSTICE HAZELRIGG
dissent. JUDGE PAYNTER delivered the eoixowing dissenting opinion.
This action is based on the following note: “?1,000. Eight months after date, we, or any of us, promise to pay Turnelly & Gill one thousand dollars. Mrs. L. A. Turner signs this note as a feme sole, and binds her estate for its payment. This note is not transferable. This March 12, 189á. L. A. Turner, L. A. Bradford.” As part of the transaction of the execution of the foregoing note, Turnelly & Gill executed a writing which is-as follows, to wit: “U. A. Bradford & Q. M. Turner and wife…
2Cases cited4 opinions
- Parsons v. SpencerCourt of Appeals of Kentucky · 1885
- Spencer v. ParsonsCourt of Appeals of Kentucky · 1890
- Agnew v. WilliamsCourt of Appeals of Kentucky · 1866
- Breckinridge v. ColemanCourt of Appeals of Kentucky · 1847