4 S.C.L. 37
Supreme Court of South Carolina
Decided January 15, 1806
Supreme Court of South Carolina · decided 1806-01-15
This action was assumpsit on two notes signed by Sarah Cave. Verdict for the plaintiff, before Trezeva-nt, J., in Charleston district- The motion in this court was to arrest the judgment. The declaration on the face oí it imported, that the notes were given by the said Sarah, as a feme covert, and did not state any circumstances to shew how the wife was authorized to make the contract, ox-why she should be bound thereby. > cited 6 'Bac. Abr. 324, new ed. 3 Esp. Rep. 18.
Decided 1806-01-15
¶1granted the motion, and judgment was arrested. It appeared on the face of the record, that the contract was made by a feme covert, and it did not appear by what authority she had contracted, or that she had any right to contract, to bind herself or her husband. Therefore, no legal cause of action appeared on the record to authorize a judgment for the plaintiff against the defendants.
¶2Judgment arrested.