Colonial & United States Mortgage Co. v. Stevens
North Dakota Supreme Court
Appeal from District Court, Cass County; McConnell, J. Action by the Colonial & United States Mortgage Company against Orlando Stevens and Ellen A. Stevens on a note. From a judgment dismissing the case, plaintiff appeals. Section 2590, Comp. Laws, is a part of the Code prepared by the New York Commission. It was adopted by Dakota in 1886, by California in 1872, later by Nevada. It is the same as § 158 Cal. Code, and § 169 of Nevada Civil Code.
Read the full summary
Appeal from District Court, Cass County; McConnell, J. Action by the Colonial & United States Mortgage Company against Orlando Stevens and Ellen A. Stevens on a note. From a judgment dismissing the case, plaintiff appeals. Section 2590, Comp. Laws, is a part of the Code prepared by the New York Commission. It was adopted by Dakota in 1886, by California in 1872, later by Nevada. It is the same as § 158 Cal. Code, and § 169 of Nevada Civil Code. The courts of each of these states passing upon this section have unequivocally held that a married woman is under no disability and can contract as…
1Opinion of the Court
Corliss J.
We have to determine on this appeal a single question of law. The essential facts are few and simple. The defendant Ellen A. Stevens executed, as surety with her husband, a promissory note to the plaintiff. To secure the note, th^y both executed a mortgage upon the homestead of the husband. In neither the note nor the mortgage did the wife charge her separate estate with the payment of the amount of the note; nor did she in any other manner charge such estate with its payment. At the time the note was signed she owned no separate estate whatever. The action is brought against her…
2Cases cited4 opinions
- Alexander v. BoutonCalifornia Supreme Court · 1880
- Marlow v. BarlewCalifornia Supreme Court · 1879
- Goad v. MoultonCalifornia Supreme Court · 1885
- Wood v. OrfordCalifornia Supreme Court · 1877
3Cited by6 opinions
- Bank of Commerce, Ltd. v. BaldwinIdaho Supreme Court · 1908
- Colonial & United States Mortgage Co. v. BradleySouth Dakota Supreme Court · 1893
- Chacey v. City of FargoNorth Dakota Supreme Court · 1895
- First Savings Bank & Trust Co. v. FlournoyNew Mexico Supreme Court · 1917
- First National Bank v. LeonardOregon Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.