Bank of Commerce, Ltd. v. Baldwin

Citations

• 14 Idaho 75
• 93 P. 504
• 1908 Ida. LEXIS 4

Syllabus

<p>Married Woman’s Contract — Liability on Contract as Surety— Contracts with Reference to Married Woman’s Separate Property — Essentials of Contract as Surety for Third Person Where It is Sought to Bind Her Separate Estate.</p> <p>1. Under the provisions of see. 2 of the act of the legislature approved March 9, 1903 (Sess. Laws, 1903, p. 345), construed in connection with the other provisions of the code, a married woman cannot bind herself personally for the payment of a debt that was not contracted for her own use or benefit or for the use or benefit of her separate estate, or in connection with the control and management thereof, or in carrying on or conducting business therewith, unless the contract and obligation is made so as to create a lien or encumbrance on her separate estate or some portion thereof as security for the payment of the debt.</p> <p>2. Under the provisions of see. 2 of the act of Mareh 9, 1903, which transfers to the wife the management, control and absolute right of disposition of her separate property, and confers upon her all the privileges of contracting in relation thereto, and all the rights or privileges necessary to the complete enjoyment and power of disposition thereof, a married woman has no authority to become surety or guarantor for the debts of others; such right and the concurrent obligations thereof not being necessary or essential to the complete enjoyment of her separate estate.</p> <p>3. The power to contract with reference to her separate property is not an absolute and unlimited right of contract on all matters, but, on the contrary, confines that right to those contracts that “have reference to her separate estate.”</p> <p>(Syllabus by the court.)</p>