Jones v. Rice
Supreme Court of Georgia
Complaint on notes. Before Judge Wellborn. Towns superior court. September term, 1892. Rice sued Mrs. Jones on five promissory notes for $96.46 each, with interest, dated November 7,1890, and due twelve months after date. They recite that the sum promised is part of the purchase money of certain lots of land in Towns county. The verdict was in the plaintiff’s favor, and the defendant’s motion for a new trial was overruled.
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Complaint on notes. Before Judge Wellborn. Towns superior court. September term, 1892. Rice sued Mrs. Jones on five promissory notes for $96.46 each, with interest, dated November 7,1890, and due twelve months after date. They recite that the sum promised is part of the purchase money of certain lots of land in Towns county. The verdict was in the plaintiff’s favor, and the defendant’s motion for a new trial was overruled. Her plea, in addition to the general issue, was, that the notes were obtained by fraud and undue influence of the plaintiff’ and W. H. Jones, defendant’s husband; that she…
1Opinion of the Court
Bleckley, Chief Justice.
1. Nothing appearing to the contrary, we may presume that the common law prevails in the State of North Carolina unaltered by statute as to the rights and powers of a married woman to charge her separate estate. The common law disabled her to charge herself personally by any contract for the payment of money. No judgment against her could be recovered on such a contract; but she had capacity to charge her *242separate estate by her contract, whether that estate received the benefit or consideration of the debt with which she incumbered it, or not. In order to charge it for…
2Cases cited1 opinion
- Carmichael v. WaltersSupreme Court of Georgia · 1862
3Cited by3 opinions
- Thomas v. ClarksonSupreme Court of Georgia · 1906
- Clark v. BakerSupreme Court of Georgia · 1938
- Hager v. National German-American BankSupreme Court of Georgia · 1898