Kilbourn v. Brown

• Decision Date: 23 December 1887
• Citation: 56 Conn. 149,14 A. 784
• Parties: KILBOURN v. BROWN et ux.
• Court: Connecticut Supreme Court

14 A. 784

56 Conn. 149

KILBOURN

v. BROWN et ux.

Supreme Court of Errors of Connecticut.

December 23, 1887.

Case reserved from court of common pleas, Litchfield county.

Action by Dwight C. Kilbourn, executor, etc., on a note executed by Shelton J. Brown, and Sarah, his wife, commenced before a justice. The case was taken by appeal to the common pleas, and there reserved, on facts found, for the advice of this court. The statute now in force in this state empowering married women to contract with third persons, as if sole, took effect on and after April 20, 1877. Acts 1877, c. 144; Gen. St. 1888, § 2796.

As to the liability of a married woman upon her contracts of suretyship for her husband, see Littlefield v. Dingwall, (Mich.) 39 N. W. Rep. 38, and note.

A. D. Warner and R. E. Hall, for plaintiff. H. B. Graves and W. S. Judd, for defendant Sarah M. Brown.

CARPENTER, J. This is an action on the following note, the plaintiff suing as executor of the payee, and the makers being husband and wife: "MORRIS, October 13, 1875. $50. On demand, for value received, we promise jointly to pay to Garry H. Miner the sum of fifty dollars, it being understood that the said sum is procured for the use and benefit of Sarah M. Brown; and for the payment of this claim, when called for, she, the said Sarah M., pledges her own individual estate to the full amount of the sum stated in this obligation. SHELTON J. BROWN. SARAH M BROWN." The answer is that the note was signed by the said Sarah M. Brown when she was the lawful wife of Shelton J Brown, and was given for a debt of her husband, and that it was not given for the benefit of the defendant, nor of her estate, nor of any business carried on by her. The plaintiff denies the truth of the answer, and further replies that the matters alleged in the defense contradict the allegations in the note, by reason of which the defendant is barred and estopped from pleading or proving the same. The court of common pleas found the facts as follows: "On the trial the defendant Sarah M. Brown offered to prove, and did prove by parol, by the testimony of the defendants, that the note set forth in the complaint was given in consideration that the said Garry H. Miner had loaned to the said Shelton J. Brown the sum of forty dollars. At the time of loaning said sum said Miner drew up said note, and said Shelton J. signed the same, and promised to obtain the signature of his wife thereto. Several days afterwards, at the earnest persuasion and request of her husband and said Miner, she signed the note 'in order to keep peace with her husband,' with full...