Howard v. Kitchens

Citations

• 31 S.C. 490
• 10 S.E. 224
• 1889 S.C. LEXIS 60

Syllabus

<p>1. Where a married woman borrows money for her own use and not for another, it is not a purchase of property, but .it is a contract as to her separate property and enforceable against her estate, because w-ithin her statutory power to make. Me. Chief Justice Simpson, dissenting.</p> <p>2. So much of a note by a married woman as is based upon her promise to pay for necessary expenses of her daughter, for which by law only her husband is liable, is not a contract as to the separate property of the wife, and therefore not binding upon her. Mr. Justice McGowan, dissenting.</p> <p>3. Per Simpson, C. J. A contract made by a married woman as to her separate property may be binding upon her, although it does not prove to be for the benefit of her separate estate.</p>