Tuttle v. Fowler
Supreme Court of Connecticut
This wras an action of assumpsit, brought in the names of Enos T. Tuttle and Elizabeth D., his wife, to recover the amount of a promissory note not negotiable, given to the said Elizabeth D., on the 1st day of January, 1848, while she was sole and unmarried.
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This wras an action of assumpsit, brought in the names of Enos T. Tuttle and Elizabeth D., his wife, to recover the amount of a promissory note not negotiable, given to the said Elizabeth D., on the 1st day of January, 1848, while she was sole and unmarried. The defendant pleaded the general issue, with notice, that, under such issue, he would offer to prove, that, at the January term of the superior court in 1850, the said Elizabeth D. was lawfully divorced from the said Enos T., and that, since the granting of such divorce, and while sole and unmarried, by a full and sufficient discharge…
1Opinion of the CourtHinman, J.
This was an -action in the names of husband and wife, plaintiffs, on a note given to the wife before marriage. It Was originally brought, and is still prosecuted, by the assignee of the husband. Since it was brought, the plaintiffs have been divorced; but the previous assignment was made in good faith, and for a valuable consideration. It also appears, that, since the divorce, the wife has discharged the note. • „
There is no doubt, that a divorce is tantamount, in its effect upon the wife’s property, to a dissolution of the mar riage, by the death of the husband. Starr v. Pease, 8 Conn. R.…
2Cases cited3 opinions
- Barber v. RootMassachusetts Supreme Judicial Court · 1813
- Case of the accounts of SiterSupreme Court of Pennsylvania · 1834
- Gardner v. FlaggMassachusetts Supreme Judicial Court · 1811
3Cited by3 opinions
- Davis v. WeedSupreme Court of Connecticut · 1877
- Young v. WilkinsonTennessee Supreme Court · 1858
- Ward v. CameronTexas Supreme Court · 1904