Jones v. Crosthwaite
Supreme Court of Iowa
Appeal from Warren District Court. Contracts of married women at law — Construction of statute. —Action at law by the payee against the makers of a promissory note. The defendant, Sarah E., answers that, at the time of the execution of said note, she was, and still is, the wife of her co-defendant, E. Gr.
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Appeal from Warren District Court. Contracts of married women at law — Construction of statute. —Action at law by the payee against the makers of a promissory note. The defendant, Sarah E., answers that, at the time of the execution of said note, she was, and still is, the wife of her co-defendant, E. Gr. Crosth-waite, and living with him as such; that the sole consideration of said note was a contract whereby the plaintiff agreed to sell to her an undivided half of a certain steam mill, as witnessed by a certain title bond from him to her, annexed to her answer, in consideration of $5,000;…
1Opinion of the CourtDillon, J.
1. Surety: absolute liability. I. The husband, according to his own testimony, purchased the property prior to his marriage, and was let into actual possession and enjoyment of . - _ - , , it, and by his consent, it not by his request, the bond was taken in the name of his wife. Having, under these circumstances, executed the. note in suit, he was liable thereon. The finding by the jury, of a verdict in his-favor, was directly contrary to the evidence, and to the instructions of the court, and for this reason the court should so far have sustained the appellant’s motion for a new trial. Such…
2Cases cited26 opinions
- Yale v. . DedererNew York Court of Appeals · 1858
- Demarest v. WynkoopNew York Court of Chancery · 1817
- Yale v. . DedererNew York Court of Appeals · 1860
- White v. . WagerNew York Court of Appeals · 1862
- Gardner v. GardnerNew York Court of Chancery · 1838
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3Cited by30 opinions
- McLaren v. HallSupreme Court of Iowa · 1868
- Pippen v. . WessonSupreme Court of North Carolina · 1876
- Heacock v. HeacockSupreme Court of Iowa · 1899
- Fyffe v. BeersSupreme Court of Iowa · 1864
- Green v. ScranageSupreme Court of Iowa · 1865
25 more not listed; retrieve them via the Exa API.