McGuire v. Allen
Supreme Court of Missouri
Appeal from Jaclcson Circuit Court. — Hon. J. H. Sloven, Judge. (1) By the common law husband and wife are ■one person, and that person is the husband.
Read the full summary
Appeal from Jaclcson Circuit Court. — Hon. J. H. Sloven, Judge. (1) By the common law husband and wife are ■one person, and that person is the husband. A married woman under that law cannot legally make, indorse or accept notes or bills, as acting for herself. 1 Pars, on Notes & Bills [2 Ed.] p. 78. (2) The common law has been modified by statute in this state so that with reference to her property, real and personal, a female,, married or single, is now on full equality with a male, except in a few particulars defined by statute ; save in this respect the difference in sex is utterly…
1DissentBarclay, J.
( dissenting). — This case has considerable importance. It directly involves (among other-issues of law) the proper interpretation of a large class of indorsements of commercial paper.
I. Yiewing it, first, from the standpoint taken in the foregoing opinions, is the contract of indorsement an express or implied one? It is held therein to be-implied only, and the result is made to turn on that distinction. It. is held that a wife’s indorsement to her husband of a check drawn to her order (and which, admittedly, represented her separate property) is not an “express assent” by her “in writing,”…
2Cases cited8 opinions
- De Witt v. BerrySupreme Court of the United States · 1890
- Martin v. ColeSupreme Court of the United States · 1881
- Falk v. MoebsSupreme Court of the United States · 1888
- Cain v. LigonSupreme Court of Georgia · 1883
- Rodney v. WilsonSupreme Court of Missouri · 1877
3 more not listed; retrieve them via the Exa API.