Hoker v. Boggs

Citations

• 63 Ill. 161

Syllabus

<p>1. Husband and wife—contracts between them void. At common law a note given by the husband to the wife, and assigned by her, conveys no right to the indorsee, a contract with his wife being with himself.</p> <p>2. Such a note can only be negotiated and transferred by the husband.</p> <p>3. Assignee of note. An assignee of a note of the husband to the wife, and indorsed by her, has no such title in it as will enable him to bring suit in his own name.</p> <p>4. Such a note is absolutely void—not merely voidable.</p> <p>5. Upon proof that the wife acted as the agent of her husband, or that her act was recognized by him, action will lie.</p> <p>6. Statutory exceptions. The rule relating to separate estate of the wife, and to property derived from persons other than her husband, is changed by statute.</p>