Godfrey v. Megahan
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Hall, J. A married woman can bind her separate property by general engagements. (Davis v. First Nat. Bank of Cheyenne, 5 Neb., 246; Savings Bank v. Soott, 10 Neb., 87.) Where a married woman having a separate estate executes a promissory note,-the presumption arises that she intends to charge her separate estate with its payment.
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Error from the district court of Lancaster county. Tried below before Hall, J. A married woman can bind her separate property by general engagements. (Davis v. First Nat. Bank of Cheyenne, 5 Neb., 246; Savings Bank v. Soott, 10 Neb., 87.) Where a married woman having a separate estate executes a promissory note,-the presumption arises that she intends to charge her separate estate with its payment. (Williams v. Urmston, 35 O. St., 296; Hershizer v. Florenoe, 39 O. St., 516; Wicks v. Mitchell, 9 Kan., 80; Webb v.Hoselton, 4 Neb., 314.) At common law the wife was under the power and authority…
1Opinion of the Court
Ragan, C.
Alphonso S. Godfrey sued John R. Megahan and his wife, Maggie E. Megahan, in the district court of Lancaster county on a promissory note in words and figures as follows:
“$1,004.92. Lincoln, Neb., December 15, 1890.
“ Six months after date, for value received, I promise to-pay to the order of A. S. Godfrey one thousand and four *750and .92 dollars, with interest at the rate of ten per cent per annum from maturity until paid. Negotiable and payable at the First National Bank, Lincoln, Nebraska.
“John R. Megahan.
“ Maggie E. Megahan.”
Mrs. Megahan answered as follows: “ Defendant Maggie E.…
2Cases cited6 opinions
- Webb v. HoseltonNebraska Supreme Court · 1876
- Hale v. ChristyNebraska Supreme Court · 1879
- Davis v. First National BankNebraska Supreme Court · 1876
- Aultman, Taylor & Co. v. ObermeyerNebraska Supreme Court · 1877
- State Savings Bank v. ScottNebraska Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Emerson v. Western Seed & Irrigation Co.Nebraska Supreme Court · 1927
- Grand Island Banking Co. v. WrightNebraska Supreme Court · 1898
- Skinner v. SkinnerNebraska Supreme Court · 1894
- Farm Mortgage & Loan Co. v. BealeNebraska Supreme Court · 1925
- First National Bank v. ErnstNebraska Supreme Court · 1928
7 more not listed; retrieve them via the Exa API.