Bailey v. Pearson
Superior Court of New Hampshire
Assumpsit, upon a promissory note, dated January 11th, 1851, for the sum of f 100, payable to the plaintiff or bearer, on demand, with interest annually, and signed by one George Pearson and the defendant, Charlotte A. Pearson. The promise to pay was joint and several. The declaration also contained a count for money had and received. The defendant pleaded coverture.
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Assumpsit, upon a promissory note, dated January 11th, 1851, for the sum of f 100, payable to the plaintiff or bearer, on demand, with interest annually, and signed by one George Pearson and the defendant, Charlotte A. Pearson. The promise to pay was joint and several. The declaration also contained a count for money had and received. The defendant pleaded coverture. The parties agreed that the defendant, Charlotte A. Pearson, was the mother of George Pearson, the other signer of the note, and that the name of George was first upon the note. That at the date of the note Charlotte A. owned…
1Opinion of the CourtEastman, J.
By the third section of chapter 149 of the Revised Statutes, it is provided in general terms, that “ whenever any married woman shall be entitled to hold property in her own right and to her separate use, she may make contracts, may sue and be sued in her own name, and may dispose of said property by will, or otherwise, as if she were sole and unmarried; and if she shall decease intestate, *85her husband shall be excluded from any share in her said estate, and such estate shall be administered and inherited in the same manner as if she were sole and unmarried.”
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2Cited by2 opinions
- Whipple v. GilesSupreme Court of New Hampshire · 1875
- Whipple v. GilesSupreme Court of New Hampshire · 1875