Smith v. Johnson

Superior Court of Delaware

Smith v. Johnson

5 Del. 40

Superior Court of Delaware·Decided July 1, 1848·Published

Opinion

The Court

stopped Mr. Bayard, in reply. On a note given to a married woman, the husband may join her or sue alone; if he join her, his separate debt cannot be set off, and the subject of this plea is the separate debt of the husband; for the wife could not bind herself by such contracts. Possibly a claim founded on a contract by the wife dum sola, might be set off in' such a case as this; for that would be a joint obligation against a joint demand; as to which see 10 Barn. & Cress. 558.

Judgment for demurrant.

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The Court

stopped Mr. Bayard, in reply. On a note given to a married woman, the husband may join her or sue alone; if he join her, his separate debt cannot be set off, and the subject of this plea is the separate debt of the husband; for the wife could not bind herself by such contracts. Possibly a claim founded on a contract by the wife dum sola, might be set off in' such a case as this; for that would be a joint obligation against a joint demand; as to which see 10 Barn. & Cress. 558.

Judgment for demurrant.

Smith v. Johnson, 5 Del. 40 (Del. Ct. App. 1848).

Pincite

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