National Bank v. Smith
Supreme Court of Connecticut
Assumpsit upon a promissory note executed jointly by the defendants; brought to the Superior Court in Middlesex County. The defendant Whitby M. Smith suffered a default, and the defendant Susan E. Smith pleaded the general issue, on which the case was tried to the court before Ccranger, J. The court found the following facts: The two defendants are husband and wife.
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Assumpsit upon a promissory note executed jointly by the defendants; brought to the Superior Court in Middlesex County. The defendant Whitby M. Smith suffered a default, and the defendant Susan E. Smith pleaded the general issue, on which the case was tried to the court before Ccranger, J. The court found the following facts: The two defendants are husband and wife. Prior to August 27th, 1867, Mr. Smith was a merchant in the town of East Haddam, carrying on business in his own name, and was then the owner of a dwelling-house in which he and his wife lived, which he had purchased the year…
1Opinion of the CourtCarpenter, J.
The act relating to suits against married women, approved August 1st, 1872, provides that “ actions at law may be sustained against any married woman upon any contract made by her, upon her personal credit, for the benefit of herself, her family, or her estate.” It is claimed by the plaintiffs, and the court below so held, that under this act Mrs. Smith was liable in this action.
The husband, being insolvent, had compromised with his creditors. The note in suit was given to raise money to enable him to pay the amount agreed upon, and was secured by a mortgage of the wife’s property. That the…
2Cases cited4 opinions
- Donovan's Appeal from ProbateSupreme Court of Connecticut · 1874
- Buckingham v. MossSupreme Court of Connecticut · 1873
- Hitchcock v. KielySupreme Court of Connecticut · 1874
- Langenbach v. SchellSupreme Court of Connecticut · 1873
3Cited by5 opinions
- Trumbull v. HewittSupreme Court of Connecticut · 1893
- Way v. PeckSupreme Court of Connecticut · 1879
- Wagner v. Mutual Life InsuranceSupreme Court of Connecticut · 1914
- Nystrom v. BarkerSupreme Court of Connecticut · 1914
- Connecticut National Bank v. Malloy, No. Cv90 0113291 S (Aug. 4, 1992)Connecticut Superior Court · 1992