Legal Opinion
Storrs & Bement Co. v. Wingate
Supreme Court of New Hampshire
Decided June 5, 1892PublishedCited by 1 opinion
Assumpsit, on the promissory note of a partnership whereof James D. P. Wingate is a member, and of Helen W. Wingate, His wife, who signed the note as surety at her husband’s request, and who alone makes defence.
1Opinion of the CourtCarpenter, J.
The contract of a married woman as surety for her husband is invalid. Gen. Laws, a. 183, s. 12. The fact that another is bound with the defendant’s husband for the payment of the note does not render her undertaking any the less a contract of suretyship for him. Stokell v. Kimball, 59 N. H. 13.
Judgment for the defendant.
Smith, J., did not sit: the others concurred.
2Cases cited1 opinion
- Stokell v. KimballSupreme Court of New Hampshire · 1879
3Cited by1 opinion
- Union National Bank of Chicago v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1896