Nispel v. Laparle

Citations

• 74 Ill. 306

Syllabus

<p>1. Mabbied women—power to contract. The right of a married, woman to engage in business in her own name with her separate property, necessarily implies the right to purchase goods with which to carry it on, and to bind herself by contract to pay for such purchases, and the law that authorizes this will compel her to abide by and perform such contracts.</p> <p>2. Same — notes by, when binding. If a married woman gives her promissory notes with her husband for goods bought by her as her own property, for her own use, in her own business as a saloon keeper, carried on by her in her own name, with her own means, and which were used by her in such business for her own benefit, without the interference of her husband, she will be liable to an action on the notes, notwithstanding her coverture.</p> <p>3. Demubbeb—admission of facts in pleading. By demurring to a pleading, such as a replication, the party admits the substantial facts alleged in the pleading demurred to, and no proof of them is necessary on a trial upon other issues.</p> <p>4. Judgment — on demurrer binding as an estoppel. A judgment on a demurrer is equally conclusive, by way of estoppel, of the facts confessed by the demurrer, as a verdict finding the same facts, and facts thus established can never afterward be contested between the same parties, or those in privity with them.</p> <p>5. Contbact — to extend time of payment. A contract to extend the time of payment of notes upon giving other notes secured by mortgage on good real estate, is not a defense to a suit on the original notes when the mortgage is objected to as upon land of no value and for want of title in the mortgagor, where these objections are not obviated or shown to be unfounded.</p>