Legal Opinion

Kohn v. Collison

Superior Court of Delaware

Decided April 15, 1893Published

Case Stated.—This was an action on a promissory note by Arnold Kohn and others against Susan F. Collison, an indorser on-the note for the accommodation of her husband. The facts were agreed to and stated for the opinion of the Court, as follows : The parties mutually agree that this case shall be tried by the Court without the intervention of a jury.

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Case Stated.—This was an action on a promissory note by Arnold Kohn and others against Susan F. Collison, an indorser on-the note for the accommodation of her husband. The facts were agreed to and stated for the opinion of the Court, as follows : The parties mutually agree that this case shall be tried by the Court without the intervention of a jury. They also admit, for the purposes of this suit, the following facts, to wit: The suit is-brought by the plaintiffs against the defendant as indorser of a. promissory note, a true copy whereof, with the indorsements thereon, here follows: “…

1Opinion of the CourtLore, C. J.

The question in this case is, can a married woman be held liable upon her accommodation indorsement of her husband’s promissory note, made by him, and indorsed by her, in payment of merchandise sold to him in the course of his business and in no wise necessary to be made with respect to her own property ? This involves the construction of the several acts relating to married women, as they stood on the 4th day of October, 1891, the date the note in question was made and delivered. It is conceded that at common law a married woman could make no such contract, and if such power now exists it is…

2Cases cited18 opinions

  1. Yale v. . DedererNew York Court of Appeals · 1860
  2. West v. LarawayMichigan Supreme Court · 1874
  3. Frecking v. . RollandNew York Court of Appeals · 1873
  4. Speier v. OpferMichigan Supreme Court · 1888
  5. Jones v. CrosthwaiteSupreme Court of Iowa · 1864

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