McGuire v. Allen
Supreme Court of Missouri
Appeal from Jaclcson Circuit Court. — Hon. J. H. Sloven, Judge. (1) By the common law husband and wife are ■one person, and that person is the husband.
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Appeal from Jaclcson Circuit Court. — Hon. J. H. Sloven, Judge. (1) By the common law husband and wife are ■one person, and that person is the husband. A married woman under that law cannot legally make, indorse or accept notes or bills, as acting for herself. 1 Pars, on Notes & Bills [2 Ed.] p. 78. (2) The common law has been modified by statute in this state so that with reference to her property, real and personal, a female,, married or single, is now on full equality with a male, except in a few particulars defined by statute ; save in this respect the difference in sex is utterly…
1Opinion of the CourtBlack, J.
“William McGuire, as the administrator of the estate of Mrs. Susan Allen, brought this action against William Allen, the husband of the deceased, to recover the proceeds of a check.
' “The facts are these: Mrs. Allen was a daughter of Robert Daniels who died in 1883, and his heirs constituted Mr. Anderson a trustee to settle the estate.' On August 28, 1883, the trustee paid Mrs. Allen $4,556 on account of her distributive share of her father’s estate by a check payable to her order. The trustee handed this check to her husband, the defendant, and he took it home and gave it to her. She signed…
2Cases cited4 opinions
- Hart v. LeeteSupreme Court of Missouri · 1891
- Gilliland v. GillilandSupreme Court of Missouri · 1888
- Rodgers v. Bank of Pike CountySupreme Court of Missouri · 1879
- Broughton v. BrandSupreme Court of Missouri · 1887
3Cited by14 opinions
- Winn v. RileySupreme Court of Missouri · 1899
- Hurt v. CookSupreme Court of Missouri · 1899
- Jones v. ElkinsSupreme Court of Missouri · 1898
- Case v. EspenschiedSupreme Court of Missouri · 1902
- Crowley v. CrowleyMissouri Court of Appeals · 1912
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