Bauman v. Street

Citations

• 76 Ill. 526

Syllabus

<p>1. Mabeied women-—contracts for necessaries, at common law. The bus-, band being bound to provide necessaries for his wife and infant children suitable to their condition in life, the wife, while living with her husband, by the common law can not bind herself by contract even for necessaries.</p> <p>3. Same—under statute of 1861, wife may contract respecting Tier separate property. Where the marriage takes place after the passage of the Married Woman’s act of 1861, and the wife had property, whether real or personal, belonging to her at the time of the marriage, or if, during coverture, she, at any time after that act took effect, derives property from any person other than her husband, she, in either case, will be entitled to hold, possess and enjoy the same as though she were sole and unmarried, and, by. implication, has the legal capacity to contract with reference to and for the benefit of such separate estate, and such contracts are enforceable at law.</p> <p>3. Same—contracts of, not in respect to their separate property. There doubtless may be cases when the wife has a separate estate under the act of 1861, and her contracts are not in relation to or for the benefit of such estate, that although such contracts would not fall within the implied legal capacity conferred by the statute, yet if they were made for her own personal benefit, upon the faith and credit of such separate estate, they might be enforced in equity, the same as in cases where the wife, independently of the statute, had a separate estate in equity under a settlement.</p> <p>4. Same—requisites of bill to enforce their contracts in equity. In order to show a case by bill in equity to enforce a contract of a married woman entered into prior to the act of 1874, the bill must distinctly show that she held a separate estate under such circumstances as would clothe her with the right to hold, possess and enjoy it as though she were sole and unmarried, under the statute of 1861, or show a settlem