Habenicht v. Rawls

Citations

• 24 S.C. 461
• 1886 S.C. LEXIS 63

Syllabus

<p>1. Under the power given by statute to a married woman, “to contract and be contracted with as to her separate property in the same manner as if she were unmarried,” she can make only such contracts as at the time they are made, relate to or concern her separate property.</p> <p>2. A married woman signed merely as a surety the promissory note of her husband. Held, that she was not liable, and would not have been, even if she had in express terms declared her intention thereby to bind her separate estate.</p> <p>3. Before a married woman can be made liable for the breach of a contract alleged to have been made by her, it must be made to appear from the inherent nature of the contract, or otherwise, that the contract was made in relation to, or concerned, her separate property.</p>