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39 Mich. 62

Wheeler v. Constantine

Michigan Supreme Court

Decided June 18, 1878

Michigan Supreme Court · decided 1878-06-18

<p> Foreign disabilities from malting contract. </p> <p>An Indiana woman cannot, by pleading disqualification to contract, evade payment oí notes given by her ior goods purchased in Michigan, without showing that the laws of Indiana do so disqualify her. If the notes are authorized by Michigan laws it cannot be presumed that they are void, nor is it conceded that if made in Michigan they would not be governed by the statutes of the State.</p> <p>Judgment cannot be reversed on grounds not based on evidence introduced below.</p>

Cited by 2 later decisions — most recently October 1932

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1878-06-18

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Campbell, C. J.

¶1In this case plaintiff in error claims freedom from liability on certain notes made by her for goods purchased, because she insists that as a married woman residing in Indiana she was disqualified from contracting in Michigan or elsewhere in that way.

¶2We do not find in the record any evidence that the laws of Indiana disqualify her. If any such laws exist they should have been proven in the circuit court. We can only review such matters as that court has acted on, and we cannot reverse a judgment upon grounds not based on evidence introduced below. We cannot presume that there was anything which would make such notes void when our laws authorize them. Worthington v. Hanna, 23 Mich., 530.

¶3We do not wish to be understood as intimating that our laws would not govern these notes at any rate, as made in Michigan. That point we do not decide because it is not required by the record.

¶4Judgment is affirmed with costs.

The other Justices concurred.
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