Atlantic National Bank v. Tavener
Massachusetts Supreme Judicial Court
Writ of entry to recover a parcel of land in Boston. Plea, nul disseisin. At the trial in the Superior Court, before Brigham, C. J., the demandant proved that it discounted two notes in 1873, amounting to $560.71, upon which Bragdon, Tavener & Company, of which firm the tenant Tavener was a member, were indorsers; that it brought suit on these notes against the members of said firm, and the land in question was, on July 23, 1874, duly attached as the property of Tavener,…
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Writ of entry to recover a parcel of land in Boston. Plea, nul disseisin. At the trial in the Superior Court, before Brigham, C. J., the demandant proved that it discounted two notes in 1873, amounting to $560.71, upon which Bragdon, Tavener & Company, of which firm the tenant Tavener was a member, were indorsers; that it brought suit on these notes against the members of said firm, and the land in question was, on July 23, 1874, duly attached as the property of Tavener, standing in the name of his wife; that judgment was entered in that action against Tavener, on January 9, 1877, for…
1Opinion of the CourtGray, C. J.
At common law, a husband could not contract with his wife; her money, not held to her separate use, coming into his possession, was his property; and his promise to repay such money to her could not be enforced, either at law or in equity. Alexander v. Crittenden, 4 Allen, 342. Turner v. Nye, 7 Allen, 176. Phillips v. Frye, 14 Allen, 36. Degnan v. Farr, 126 Mass. 297, 299. The statutes of this Commonwealth, enlarging the capacity of a married woman to hold and deal with property, have not enlarged the husband’s capacity to contract with her, and have not, therefore, enabled him to make a…
2Cases cited9 opinions
- Savage v. . O'NeilNew York Court of Appeals · 1871
- Babcock v. . EcklerNew York Court of Appeals · 1862
- Snow v. PaineMassachusetts Supreme Judicial Court · 1874
- Towers v. HagnerSupreme Court of Pennsylvania · 1838
- Bancroft v. CurtisMassachusetts Supreme Judicial Court · 1871
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3Cited by25 opinions
- Medsker v. BonebrakeSupreme Court of the United States · 1883
- Atkins v. AtkinsMassachusetts Supreme Judicial Court · 1907
- Malaguti v. RosenMassachusetts Supreme Judicial Court · 1928
- Briggs v. SanfordMassachusetts Supreme Judicial Court · 1914
- Woodard v. WoodardMassachusetts Supreme Judicial Court · 1913
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