Way v. Peck
Supreme Court of Connecticut
Assumpsit on a promissory note executed by the defendants jointly and severally, they being husband and wife; brought to the Superior Court in Fairfield County. The wife alone made defence. The following facts were found by a committee: A short time prior to May, 1876, the plaintiff loaned Samuel F. Peck, the husband of the defendant, Mary D. Peck, several sums amounting to $300 in all, taking Peck’s notes for the amount.
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Assumpsit on a promissory note executed by the defendants jointly and severally, they being husband and wife; brought to the Superior Court in Fairfield County. The wife alone made defence. The following facts were found by a committee: A short time prior to May, 1876, the plaintiff loaned Samuel F. Peck, the husband of the defendant, Mary D. Peck, several sums amounting to $300 in all, taking Peck’s notes for the amount. In May, 1876, Peck applied to the plaintiff for a loan of $700, stating that it was required to pay bills for an addition which his wife was then building on a house…
1Opinion of the Court
'Loomis, J.
To entitle thé plaintiff to recover in this action, the facts appearing of record must bring the case within the provisions of the statute which makes a married woman liable “ upon any contract made by her since her marriage, upon her personal credit, for the benefit of herself, her family,or her separate or joint estate.” General Statutes, p. 417, sec. 9.
It seems to us that the finding is utterly barren of all statutory elements of liability, save one—that the loan was made on the defendant’s personal credit.
If however the assumption in behalf of the plaintiff can be adopted, that…
2Cases cited2 opinions
- National Bank v. SmithSupreme Court of Connecticut · 1876
- Smith v. WilliamsSupreme Court of Connecticut · 1876
3Cited by8 opinions
- Vogel v. LeichnerIndiana Supreme Court · 1885
- Heacock v. HeacockSupreme Court of Iowa · 1899
- Orr v. WhiteIndiana Supreme Court · 1886
- Watkins v. MasonOregon Supreme Court · 1883
- La Due v. BirdSouth Dakota Supreme Court · 1927
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