First Nat. Bank of Chicago v. Mitchell

WALLACE, Circuit Judge.

This action was tried in the court below (84 Fed. 90) without the intervention of a jury, and, upon the facts set forth in the stipulation of the parties and found by the court, there should have been a judgment for the plaintiff for the sum indemnified by the guaranty signed by the defendant II. Brasilia Mitchell, if she, being.a married woman, was competent to make the contract. In deciding adversely to the plaintiff the court below followed the decision of the supreme court of Connecticut in Freeman’s Appeal, 68 Conn. 533, 37 Atl. 420, upon the same facts, in a suit…