Camden v. Mullen
California Supreme Court
Appeal from the District Court, Ninth Judicial District, Shasta County. Margaret Mullen, in 1858, was a sole trader, and purchased from plaintiff a tract of land to work as such sole trader. For a part of the purchase money, she and her husband, Lawrence Mullen, executed to plaintiff their joint promissory notes, and jointly executed a mortgage on the land to secure the notes.
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Appeal from the District Court, Ninth Judicial District, Shasta County. Margaret Mullen, in 1858, was a sole trader, and purchased from plaintiff a tract of land to work as such sole trader. For a part of the purchase money, she and her husband, Lawrence Mullen, executed to plaintiff their joint promissory notes, and jointly executed a mortgage on the land to secure the notes. This action was brought against both husband and wife, to obtain a joint judgment on the notes, and to foreclose the mortgage. Lawrence Mullen suffered a default. His wife answered. The Court rendered a judgment…
1Opinion of the Court
By the Court, Rhodes, J.
The only question requiring consideration 'is whether a married woman, who had availed herself of the provision of the Act of 1852, to authorize married women to transact business in their own names as sole traders, and had declared her intention to conduct and carry on the business of keeping a public hotel or eating house, and of carrying on a general farming and ranching business, in her own name and on her own account, could, while that statute remained in force, execute in her own name a valid promissory note for a part of the purchase money for a tract of land…
2Cases cited4 opinions
- Maclay v. LoveCalifornia Supreme Court · 1864
- Guttmann v. ScannellCalifornia Supreme Court · 1857
- Stafford v. LickCalifornia Supreme Court · 1858
- McKune v. McGarvey & McKeonCalifornia Supreme Court · 1856
3Cited by6 opinions
- Pueblo v. AlmésticoSupreme Court of Puerto Rico · 1912
- Pueblo v. RománSupreme Court of Puerto Rico · 1912
- Crawford v. FederSupreme Court of Florida · 1894
- Hickey v. ThompsonSupreme Court of Arkansas · 1889
- People v. AlmésticoSupreme Court of Puerto Rico · 1912
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