Mudge v. Bullock

Citations

• 83 Ill. 22

Syllabus

<p>1. Married women—-power to indorse note. Prior to the Married Woman’s act of 1861 a married woman, acting for herself, could not legally make, indorse or accept notes or bills. The husband was entitled to all her personal property which she had at the time of the marriage or acquired during coverture. Therefore, a note payable to her or order, in legal effect, was payable to her husband, and, as a general rule, it could be transferred only by him.</p> <p>2 Same—transfer of note by her, with husband’s consent, good. If a married woman, before the act of 1861, indorsed a note payable to her, with her husband’s knowledge and consent, or by his authority, or he, after the transfer, ratified the same, the indorsement will be good and pass the legal title.</p> <p>3. Same—husband’s authority to indorse note may be implied. Where a husband left this State for California, leaving his wife in charge of his farm and to manage the same, and during his absence the wife sold a horse, taking a note, payable to herself, for the price, and indorsed the same to a creditor of the husband in payment of his debt, and the husband, on his return, approved the same, it was held, that the wife’s indorsement could be sustained on two grounds, an implied authority from her husband, and his subsequent ratification.</p>