Legal Opinion

Sweat v. Hall

Supreme Court of Vermont

Decided February 15, 1836PublishedCited by 6 opinions

This was an action on note, made payable to Margaret Hall or bearer, and sued in the name of Sweat the bearer. The note in question was given, to take up a note given originally to Margaret Hall, the wife of Peter Hall; and the plaintiff offered evidence, tending to prove, that the note was given for the separate and individual property of the said Margaret, which came to her during cover-ture — that at the time the first note was given, the defendant expressed his wish and…

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This was an action on note, made payable to Margaret Hall or bearer, and sued in the name of Sweat the bearer. The note in question was given, to take up a note given originally to Margaret Hall, the wife of Peter Hall; and the plaintiff offered evidence, tending to prove, that the note was given for the separate and individual property of the said Margaret, which came to her during cover-ture — that at the time the first note was given, the defendant expressed his wish and intention so to do the business, that the said Margaret would have the entire control of the said note, and that he, the…

1Opinion of the Court

The opinion of the court was delivered by

Phelps, J.

This is the case of a promissory note, executed by a husband to his wife, during coverture, and the question is, Is it valid ?

It is a general rule that husband and wife are incapable of con-*189tractmg with each other during coverture, and we are not aware of • , , • , . , ,, ■any case, m which such a contract can be enforced at law.

There are, indeed, cases where such a contract would be enforced in equity, as where it is in compliance with an antenuptial agreement. And it is possible, that, even in this case, if the consideration of the note…

2Cited by6 opinions

  1. Hackett v. MoxleySupreme Court of Vermont · 1892
  2. Roseberry v. RoseberryWest Virginia Supreme Court · 1886
  3. Ellsworth v. HopkinsSupreme Court of Vermont · 1886
  4. Johnson v. MayU.S. Circuit Court for the District of Vermont · 1877
  5. Spencer v. StockwellSupreme Court of Vermont · 1904

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