Whipple v. Giles
Supreme Court of New Hampshire
The plaintiff was employed by the defendant, as an attorney-at-law, to procure for her a divorce on the alleged ground of extreme cruelty, and it is for services so rendered that suit is now brought. After the testimony had been taken, the proceedings for divorce were abandoned by her, and she directed the plaintiff to proceed no further, and the defendant thereafter lived with her husband as his wife until his death some year or two after.
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The plaintiff was employed by the defendant, as an attorney-at-law, to procure for her a divorce on the alleged ground of extreme cruelty, and it is for services so rendered that suit is now brought. After the testimony had been taken, the proceedings for divorce were abandoned by her, and she directed the plaintiff to proceed no further, and the defendant thereafter lived with her husband as his wife until his death some year or two after. Since the death of the husband this suit was brought. If the plaintiff can maintain his action, he is to have judgment for the amount of his claim and…
1Concurrence
"Assumpsit upon a mere personal contract made during coverture will not lie against a married woman, whether her husband be joined in the suit or not, unless such contract was made in respect to property held by the wife to her sole and separate use." Carleton v. Haywood, 49 N.H. 314.
"Where a feme-covert, holding property under the act of 1846, signed a promissory note during the coverture, which did not appear to have been given on account of any contract growing out of the property — held, that it could not be recovered." Bailey v. Pearson, 29 N.H. 77. Substantially the same doctrine is…
2Cases cited9 opinions
- Bailey v. PearsonSuperior Court of New Hampshire · 1854
- Morris v. PalmerSupreme Court of New Hampshire · 1859
- Ames v. FosterSupreme Court of New Hampshire · 1861
- Brown v. GlinesSupreme Court of New Hampshire · 1860
- Carleton v. HaywoodSupreme Court of New Hampshire · 1870
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