Vannerson v. Cheatham

Citations

• 41 S.C. 327
• 19 S.E. 614
• 1894 S.C. LEXIS 112

Syllabus

<p>1. Married Woman — Partnership—Case Criticised. — The case of Gwynn v. Gwynn, 27 S. 0., 525, conclusively determines that a married woman had no power to enter into a contract of partnership under the laws of this State in 1888 and 1889.</p> <p>2. Ibid. — Ibid.—A married woman is prevented from entering into a contract of partnership under the power “to bind herself by contract,” as declared in the act of 1891 (20 Stat., 1121), by the proviso to that act, “that nothing herein shall enable such married woman to become an accommodation endorser, guarantor, or surety, nor shall she be liable on any promise to pay the debt, or answer for the default or liability of any other person,” as by becoming a partner she would thereby become liable for the debts of the partnership. Mr. Justice McGowan dissenting.</p>