Sherlock v. Denny

Citations

• 28 Wash. 170
• 68 P. 452
• 1902 Wash. LEXIS 470

Syllabus

<p>HUSBAND AND WIFE-SEP ABATE PROPERTY-ACTION BY WIFE TO RECOVER MONEY LOANED-NON-SUIT.</p> <p>In an action by a wife to recover money loaned a non-suit, either on the ground that the money was community property, or that the money borrowed was paid to plaintiff’s husband, was erroneous, where the evidence showed that when the wife first came to the state ten years before she owned as separate property $1,000 in cash which she let her husband use in the transaction of business for the benefit of the community; that $200 of this sum was repaid to her some three years subsequently, and that about five years subsequent to such repayment, the husband handed her $1,200, which he had received on a sale, and told her to keep out what was coming to her; that she took $800, and of this sum loaned $500 as her separate property to defendant with her husband’s knowledge and consent, $370 of which had been repaid by defendant; that $2,350 was paid by defendant to her husband for the husband’s interest in certain milk business, and that the bill of sale included a release for work, wages and money loaned, but that the wife refused to sign same, although the balance of the money claimed by her from defendant was left in his attorney’s hands to repay her if she would sign the bill of sale.</p> <p>SAME-COMMUNITY PROPERTY-EARNINGS OE WIEE-ACTION TO RECOVER- — HUSBAND NECESSARY PARTY.</p> <p>The earnings of the wife being community property whose management and control is vested in her husband, under the statutes of this state, a mere general agreement that the wife’s earnings shall be her separate property is not sufficient to constitute a gift, and hence in such a case the husband must be joined as plaintiff in an action by the wife to recover.</p>