¶1The contract of the wife was made during coverture, and is not within the provisions of St. 1845, c. 208. No action therefore can be maintained against her on the note. But the plaintiff may discontinue the suit against the wife on payment of costs, and take judgment against the husband, St. 1839, c. 151, $ 2.
75 Mass. 65
Harrington v. Thompson
Massachusetts Supreme Judicial Court
Decided September 15, 1857
Massachusetts Supreme Judicial Court · decided 1857-09-15
Action of contract against husband and wife on their promissory note, dated April 9th 1856, by an indorsee before maturity of the note and without knowledge of the coverture. The defendants were married after the passage of St. 1845, c. 208, and before the passage of St. 1855, c. 364. The wife signed the note with the consent of her husband. The consideration of the note was a chattel sold to the husband. The parties submitted the above case to the judgment of the court.
Decided 1857-09-15