Marchand v. Griffon

Citations

• 140 U.S. 516
• 11 S. Ct. 834
• 35 L. Ed. 527
• 1891 U.S. LEXIS 2482

Syllabus

<p>In Louisiana a married woman, sued upon a promissory note signed by her, apd defending upon the ground that the debt contracted in her name did not enure to her benefit or the benefit of her separate estate, has the burden of proof to establish that defence.</p> <p>A married woman having been authorized by her husband and a District. Court in Louisiana to borrow money and to give her note secured by mortgage on her separate property for its repayment, is not estopped thereby from setting up, in an action on the note and mortgage, that the debt did not enure to her benefit or the benefit of her separate estate, and from averring, and showing facts which-constitute a fraud upon, her in law, although the word fraud is not used in her plea: and if it appear that the holder of the note and mortgage had advanced the money to the husband, knowing it to be for his sole benefit, neither the wife nor her property would be bound for its payment.</p> <p>A court is not,bound to repeat, in the words of a request for instructions, instructions which have already been given in substance in another form.</p>