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41 Me. 241

Fuller v. Bartlett

Supreme Judicial Court of Maine

Decided July 1, 1856

Supreme Judicial Court of Maine · decided 1856-07-01

On Report from Nisi Prius, May, J., presiding. This was an action of assumpsit.

Decided 1856-07-01

Hathaway, J.

¶1Assumpsit on the defendant’s contract of August 26, 1854, and sundry charges in the bill of particulars annexed to the writ, dated August 4, 1855.

¶2At the date of the contract, and charges sued for, the defendant was a married woman, having a husband residing within this State, and with whom she had resided, within this State, prior to the spring of 1850, when they ceased to live together; and after that time, she was accustomed to trade and do business as a femme sole.

¶3The plea was the general issue, under which plea the defendant’s coverture, at the time when the contract was made, may be given in evidence.

¶4The case must be decided according to the legal rights of the parties, as they existed when- the suit was commenced.

¶5'Her coverture was a perfect defence. Howe & al. v. Wildes S¡ ux., 34 Maine, 566.

¶6As agreed by the parties, A nonsuit must he entered.

Tenney, C. J., and Rice, Cutting, and Goodenow, J. J., concurred.
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