Legal Opinion

In re Blandin

District Court, D. Massachusetts

Decided February 15, 1871PublishedCited by 11 opinions

Bankruptcy. This was a petition by the wife of [E. G. Blandin] the bankrupt for the allowance of a claim against his estate for property lent by her to him, with a promise made by him at the time of the loan that he would repay her. The property consisted of stock and money in savings banks to the amount of two thousand dollars, which the wife received as a distributive share from her mother's estate.

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Bankruptcy. This was a petition by the wife of [E. G. Blandin] the bankrupt for the allowance of a claim against his estate for property lent by her to him, with a promise made by him at the time of the loan that he would repay her. The property consisted of stock and money in savings banks to the amount of two thousand dollars, which the wife received as a distributive share from her mother's estate. With this the husband bought out a grocery store in Taunton, and after carrying on business for about a year, he failed. The question was whether such a claim could be proved against the estate…

1Opinion of the Court

LOWELL, District Judge.

The statute of Massachusetts gives married women power to contract concerning their separate property, and to sue and be sued in all matters relating to the same, as if they were sole. Gen. St. c. 10S, §§ 1-6. In this respect, the act may be said to be declaratory of the rules before adopted by courts of equity, though going much further in ascertaining what shall be considered separate property. This statute does not give any right to husband and wife to contract with each other, or to sue each other, at law; Lord v. Parker, 3 Allen, 127; Edwards v. Stevens, Id. 315;…

2Cases cited3 opinions

  1. Riley v. RileySupreme Court of Connecticut · 1856
  2. Towers v. HagnerSupreme Court of Pennsylvania · 1838
  3. Goetz v. VoelingerMassachusetts Supreme Judicial Court · 1868

3Cited by11 opinions

  1. Atlantic National Bank v. TavenerMassachusetts Supreme Judicial Court · 1881
  2. Fowle v. TorreyMassachusetts Supreme Judicial Court · 1883
  3. Fleitas v. RichardsonSupreme Court of the United States · 1893
  4. Woodward v. SpurrMassachusetts Supreme Judicial Court · 1886
  5. Pillow v. SentelleSupreme Court of Arkansas · 1887

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