Ames v. Foster
Supreme Court of New Hampshire
Assumpsit upon a promissory note for §133, payable to the plaintiff, Samuel P. Ames, or order, on demand, &c., signed by the defendant, Indiana Foster, and dated March 1,1858. The defendant pleaded coverture.
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Assumpsit upon a promissory note for §133, payable to the plaintiff, Samuel P. Ames, or order, on demand, &c., signed by the defendant, Indiana Foster, and dated March 1,1858. The defendant pleaded coverture. The plaintiff replied (1) that his action should not be barred, because, he said, the contract in suit was made in respect to property, held by the defendant to her sole and separate use, free from the interference or control of her husband; and (2) because the consideration of the said note was money, hired by said defenc&nt of said plaintiff, to pay as part of the purchase money for…
1Opinion of the CourtBell, C. J.
By the statute of 1846, section 12, the property of a woman about to be married may be secured to her sole and separate use, free from the control or interference of her husband, by a marriage contract, entered into before the marriage; and by section 13, a married woman may hold any property, conveyed to her sole and separate use, free from the control or interference of her husband, as if she were sole; and in these cases, by section 15, such married woman shall, in respect to all such property, have the same rights, and possess and be entitled to the same remedies, in her own name, both at…
2Cited by1 opinion
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