Cartan, McCarthy & Co. v. David
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Ormsby County. The facts are stated in the opinion. I. The evidence, in this case, shows that the entire engagement of Mrs. Roberts was one of surety for the debts of her husband. Under the laws of this state, the only contracts which a married woman can make are those respecting property. (1 Comp. Laws, 169.) II.
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Appeal from the District Court of the Second Judicial District, Ormsby County. The facts are stated in the opinion. I. The evidence, in this case, shows that the entire engagement of Mrs. Roberts was one of surety for the debts of her husband. Under the laws of this state, the only contracts which a married woman can make are those respecting property. (1 Comp. Laws, 169.) II. The English equity doctrine which considers a promissory note executed by a married woman a charge upon her separate estate has no application. Even if it had, the weight of American authority is against it. (Wright v.…
1Opinion of the Court
By the Court,
Hawley, C. J.:
On the thirteenth of June, 1881, Oliver Roberts and his wife, Louise C. Roberts, made, executed and delivered to respondents a promissory note for nine hundred dollars. *316The consideration of this note was the satisfaction by respondents of a judgment previously obtained against Oliver Roberts for the sum of eight hundred dollars, and the sale by them of a certain stock of liquors, saloon fixtures and supplies, valued at one thousand dollars, to Mrs. Roberts. As collateral security for the payment of the note, Mrs. Roberts indorsed and delivered to respondents a note…
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